H1B visa and marriage

[Robin B 0]

Hi All,

I have searched for ages to try to find info on what I need to do to get my H1B Visa changed to Permanent Residence Status... I am happy to say that I am happily married (to an American gal) since October. My first 3 year period expires this July 2006. All I find is info on K-1 visa and that process. I do understand that I need the Form I-485 but WHAT else? What I was thinkin' was to complete the I-485 and make an appointment at the Chicago office and just ask them. I guess I do not need to do the EAD Form (I-765) as I still have valid employment authority. What do I need as far as vaccinations etc go? I have been here for about 8 years, firstly on an F1 Student visa, did my OPT and was then successfully sponsored by a US company for my H1B. Your advice would be greatly appreciated!

[meauxna 15]

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QUOTE(Robin B @ Jan 31 2006, 04:55 PM) <{POST_SNAPBACK}>

Hi All,

I have searched for ages to try to find info on what I need to do to get my H1B Visa changed to Permanent Residence Status... I am happy to say that I am happily married (to an American gal) since October. My first 3 year period expires this July 2006. All I find is info on K-1 visa and that process. I do understand that I need the Form I-485 but WHAT else? What I was thinkin' was to complete the I-485 and make an appointment at the Chicago office and just ask them. I guess I do not need to do the EAD Form (I-765) as I still have valid employment authority. What do I need as far as vaccinations etc go? I have been here for about 8 years, firstly on an F1 Student visa, did my OPT and was then successfully sponsored by a US company for my H1B. Your advice would be greatly appreciated!

You mean this?

How Do I Become a Lawful Permanent Resident While in the United States?

http://uscis.gov/graphics/howdoi/legpermres.htm

It's called "Adjusting Status". You can find info in the Guides here at VJ (top of every page). Your wife must petition for you to give a basis for your I-485 and all family based packets go to the Chicago 'lock box'---no more walk in filing.

If yoiu want to stay in your H1-B status, you can do that while your AOS application is going through. However, you must comply with all the terms of the H1-B. If you fall out of H status, you will need emloyment and travel authorization until you become a Permanent Resident.

Tread carefully!

[kc456 0]

In addition to "K1" adjustment package (I-485 etc), your wife need to file I-130 for you. You can file these together. You also need to do a full medical (not just the vaccination supplement).

Since your H1 will expire in in July, I would file for an EAD too, unless you plan to renew the visa. But it does not seem to make sense to do that. It may also be tricky to do so, once you file for AOS.

I would also consult your company's lawyer, so that they can advise you on this subject also. It gets pretty tricky with travel -- I undestand that once you use the EAD for employment, you cannot use H1 to travel.

BTW -- Your better bet is adjustment of status discussion, not K3, since you'll be going through the AOS process, not a visa process.

Edited February 1, 2006 by kc456

[zyggy 9]

In addition to "K1" adjustment package (I-485 etc), your wife need to file I-130 for you. You can file these together. You also need to do a full medical (not just the vaccination supplement).

Since your H1 will expire in in July, I would file for an EAD too, unless you plan to renew the visa. But it does not seem to make sense to do that. It may also be tricky to do so, once you file for AOS.

I would also consult your company's lawyer, so that they can advise you on this subject also. It gets pretty tricky with travel -- I undestand that once you use the EAD for employment, you cannot use H1 to travel.

BTW -- Your better bet is adjustment of status discussion, not K3, since you'll be going through the AOS process, not a visa process.

Agreed... Since you are in the US on an H1B, whcih is a dual intent visa, your best approach is to file an I-130 and an I-485 to the Chicago lockbox. This will allow you to adjust to a permanent resident status. As others have said, you have to do a full medical exam by a USCIS approved Civil Surgeon prior to submitting the I-485. You will need proof of vaccination that you have had, but you'll need to be up to date on MMR, Tetanus, and Chicken Pox.

As others have said, you can also apply for an EAD. However, once the EAD is issued, you will no longer be in H1B status, but will be an adjustment applicant. Therefore, you would have to get Advanced Parole to enter the country. If you do not wish to renew your H1B (which you can), you should also file a I-765 and a I-131 either with the I-485 paperwork... or about 4 months before your H1B expires.

Edited February 1, 2006 by zyggy

[meauxna 15]

As others have said, you can also apply for an EAD. However, once the EAD is issued, you will no longer be in H1B status, but will be an adjustment applicant. Therefore, you would have to get Advanced Parole to enter the country. If you do not wish to renew your H1B (which you can), you should also file a I-765 and a I-131 either with the I-485 paperwork... or about 4 months before your H1B expires.

I would check this out.. I don't think receiving the EAD cancels the H1B, but rather IF the H1-B terms are violated (or expire), an EAD must be in place to work (whether for the H1-B sponsor or other).

[zyggy 9]

As others have said, you can also apply for an EAD. However, once the EAD is issued, you will no longer be in H1B status, but will be an adjustment applicant. Therefore, you would have to get Advanced Parole to enter the country. If you do not wish to renew your H1B (which you can), you should also file a I-765 and a I-131 either with the I-485 paperwork... or about 4 months before your H1B expires.

I would check this out.. I don't think receiving the EAD cancels the H1B, but rather IF the H1-B terms are violated (or expire), an EAD must be in place to work (whether for the H1-B sponsor or other).

I was always under the impression that you can have only 1 document that give you EA at one time. Meaning that once an EAD was issued, that document governed your status and the H1B would be consindered void. That in essence that by applying and subsequently being issued an EAD, that aone was self-selecting to be treated as an adjustment applicant and not as a H1B. This is one of those gray areas that would likely require some detailed legal advice.

Edited February 1, 2006 by zyggy

[diadromous mermaid 36]

As others have said, you can also apply for an EAD. However, once the EAD is issued, you will no longer be in H1B status, but will be an adjustment applicant. Therefore, you would have to get Advanced Parole to enter the country. If you do not wish to renew your H1B (which you can), you should also file a I-765 and a I-131 either with the I-485 paperwork... or about 4 months before your H1B expires.

I would check this out.. I don't think receiving the EAD cancels the H1B, but rather IF the H1-B terms are violated (or expire), an EAD must be in place to work (whether for the H1-B sponsor or other).

I was always under the impression that you can have only 1 document that give you EA at one time. Meaning that once an EAD was issued, that document governed your status and the H1B would be consindered void. That in essence that by applying and subsequently being issued an EAD, that aone was self-selecting to be treated as an adjustment applicant and not as a H1B. This is one of those gray areas that would likely require some detailed legal advice.

I think it depends on which one is "used"

[zyggy 9]

As others have said, you can also apply for an EAD. However, once the EAD is issued, you will no longer be in H1B status, but will be an adjustment applicant. Therefore, you would have to get Advanced Parole to enter the country. If you do not wish to renew your H1B (which you can), you should also file a I-765 and a I-131 either with the I-485 paperwork... or about 4 months before your H1B expires.

I would check this out.. I don't think receiving the EAD cancels the H1B, but rather IF the H1-B terms are violated (or expire), an EAD must be in place to work (whether for the H1-B sponsor or other).

I was always under the impression that you can have only 1 document that give you EA at one time. Meaning that once an EAD was issued, that document governed your status and the H1B would be consindered void. That in essence that by applying and subsequently being issued an EAD, that aone was self-selecting to be treated as an adjustment applicant and not as a H1B. This is one of those gray areas that would likely require some detailed legal advice.

I think it depends on which one is "used"

But how would a CBP officer know which one was "used" All they have sitting on the screen that an EAD was issued on X date. Anytime there is a gray area when dealing with CBP, I tend to look at it with a grain of caution. I would hate for someone to be denied entry to the US, even if they were 100% right, due to some confusion on a gray area of an issue.

[diadromous mermaid 36]

As others have said, you can also apply for an EAD. However, once the EAD is issued, you will no longer be in H1B status, but will be an adjustment applicant. Therefore, you would have to get Advanced Parole to enter the country. If you do not wish to renew your H1B (which you can), you should also file a I-765 and a I-131 either with the I-485 paperwork... or about 4 months before your H1B expires.

I would check this out.. I don't think receiving the EAD cancels the H1B, but rather IF the H1-B terms are violated (or expire), an EAD must be in place to work (whether for the H1-B sponsor or other).

I was always under the impression that you can have only 1 document that give you EA at one time. Meaning that once an EAD was issued, that document governed your status and the H1B would be consindered void. That in essence that by applying and subsequently being issued an EAD, that aone was self-selecting to be treated as an adjustment applicant and not as a H1B. This is one of those gray areas that would likely require some detailed legal advice.

I think it depends on which one is "used"

But how would a CBP officer know which one was "used" All they have sitting on the screen that an EAD was issued on X date. Anytime there is a gray area when dealing with CBP, I tend to look at it with a grain of caution. I would hate for someone to be denied entry to the US, even if they were 100% right, due to some confusion on a gray area of an issue.

My understanding is that applying for an EAD does not invalidate an H1B.

[lucyisblue 0]

My husband is currently in the process of adjusting from a H1B. The attorney we consulted said he should apply for the EAD and AP if he were considering changing jobs. His H1B stays valid unless he leaves the sponsoring employer, not when he is issued an EAD.

[Robin B 0]

You guys are sooo great! I will look into things and let you all know how I proceed. I am sure there are going to be some niggly questions I will be throwing in here too!

Thanks very much for all your time... so far!