already in US on H1B, preparing to file I130

[bubbletrouble 0]

Hi everyone.

I am already in the US on an H1B visa. We will file the I130 in a few days. How is the process different for someone in my situation? Will I recieve my work permit faster because I am alreay in the US and already have a SSN?

[chaplin 0]

Hi everyone.

I am already in the US on an H1B visa. We will file the I130 in a few days. How is the process different for someone in my situation? Will I recieve my work permit faster because I am alreay in the US and already have a SSN?

You are also filing for AOS at the same time, right? My husband is also filing for EAD and AP but that was because he was 7th year awaiting work GC. We didn't want to wait any longer, so we married. He is filing for EAD and AP so that he will be able to travel and work and not have to worry about time frames. You are dual intent and currently in the States, so you can file everything at once.

Other than that, it is all the same. Take your place in the queue.

Good Luck.

Edited June 5, 2007 by chaplin

[chaplin 0]

We didn't want to wait any longer, so we married.

hmmm, hope that doesn't read as bad as I think it does. Hope you know what I mean.

[bubbletrouble 0]

We didn't want to wait any longer, so we married.

hmmm, hope that doesn't read as bad as I think it does. Hope you know what I mean.

thanks Chaplin. I do know what you mean

I just went over the I485 (AOS), based on this part "You are filing this application with a completed relative petition, special immigrant juvenile petition or special immigrant military petition which if approved would make an immigrant visa number immediately available to you." I am allowed to file this form along with the I130 even though I am not in the US on a K1/K3 visa, is that right?

[Nancy2015 2]

Will I recieve my work permit faster because I am alreay in the US and already have a SSN?

No. Your presence on the U.S. soil and a SSN have nothing to do with how soon your EAD will be processed. This is unfortunate, but true...

[bubbletrouble 0]

I have another question: I stumbled onto the guidelines for those who are already in the states, http://www.visajourney.com/forums/index.ph...page=i130guide2

the guide shows the documents being sent along with the AOS to include the medical form, which requires an examination. I thought that comes after. DO I need to go through a medical BEFORE I file the I485?

thanks for the ansdwers.

[Silke 1]

I would strongly recommend to submit your medical WITH your AOS application (I-485 package). Otherwise you will get an RFE. Good luck on your journey

Edited June 5, 2007 by silke

[gurge 0]

Same situation... here initially on J1 then got H-1B through work and now filing AOS for GC by marriage. It doesn't seem any quicker already being here as the timing is about the same as everyone else. I would imagine it may be a little easier because of the previous background checks but you never know. Do include medical and perhaps 765 if you are looking for another job. Just sit back and let things take their course. Too many people seem desperate. Cheers.

[Nancy2015 2]

I would strongly recommend to submit your medical WITH your AOS application (I-485 package). Otherwise you will get an RFE. Good luck on your journey

I second that. It makes sense to have your medical before AOS and submit the results with your application. Most people do it that way - you don't want an RFE for medical.