F1 to H1 to marriage green card

[KN52821 3]

Hello all, 

 

If the below question has already been answered, please redirect. Appreciate all your help. Thank you!

I'm married to a US citizen and we started filling out the i-130 form. We have a question regarding the "Entry Information"

About myself, I entered the USA as F1 then converted to H1. I do not have an H1 stamping on my passport because I never left the country. When I look up my i-94 online, it shows my expiry date as D/S - this is when I was a student. 

 

Our questions, 

1. Can you file for AOS without h1 visa stamp on the passport? I do have approval notice. 

2. What do you enter in "Class of admission" - F1 or H1? 

2a. If F1, the F1 visa has expired - is that okay? 

2b. If H1, my past 5 years of addresses are in the US - is that okay? 

 

Please help!

 

[Ontarkie 14,498]

~~MOved to AOS from Work, Student and Tourist Visas, from IR1/CR1 P&P - the OP is asking about adjusting status.~~

[NancyNguyen 1,658]

They will have all your information in the system so you don’t have to worry much. Those questions are straightforward with all your information. Good luck.

[Chancy 6,243]

8 hours ago, KN52821 said:

1. Can you file for AOS without h1 visa stamp on the passport? I do have approval notice. 

2. What do you enter in "Class of admission" - F1 or H1? 

 

Interpret the form questions literally and answer truthfully.  Item 46a asks about your class of admission when you arrived in the US.  It is not a question about your current status.  So your answer should be "F1" if you've never left the US since you entered with your F1 visa.  You're adjusting status based on marriage to a US citizen, so there's no requirement to have an H1 visa nor for your F1 visa to still be valid.