Forms for Marriage Based EAD with a H1B holder

[sarahleta 0]

Hi there. I am recently married May 26th to an H1B visa holder. I am an American and he is from Inida. What are the forms needed to start to apply for his EAD/Green Card adjustment status? Or is there somewhere we can go to find the forms?

Does anyone know how long the process will take to get his green card? And while he is in adjustment status can he work for the same company or move companies?

Thank you all very much for you help

Sarah and Raj

[maggieNomar 0]

If you read the guides, AoS section most of the information you need is there. Whether or not he can continue to work on his H visa, I do not know. You can apply for the EAD, just be care which category you choose for why he is eligible. Most of the instructions are for those applying from a marriage based visas. Good luck.

[Kez/JWolf 6]

Here is a link to the AOS for someone filing from anything other than a K1/k3 visa....

http://www.visajourney.com/forums/index.ph...page=i130guide2

Kez

[Saddle Bronc 124]

If you read the guides, AoS section most of the information you need is there. Whether or not he can continue to work on his H visa, I do not know. You can apply for the EAD, just be care which category you choose for why he is eligible. Most of the instructions are for those applying from a marriage based visas. Good luck.

H1-b is dual intent, so the applicant can work*** on H1-b in lieu of EAD (also can be used as travel document in lieu of AP).

***For sponsoring H1-b employer; with EAD, other employers also OK (but will need AP in that case).

[Cécy 44]

Follow the guides for the forms.

Your husband will need to have an Immigration Physical that will have to be done by a Civil Surgeon. To locate one near you check: https://egov.uscis.gov/crisgwi/go?action=of...office_type=CIV

Shop around to see who does the best price, they all tend to abuse quite a bit. She should get all her vaccination record with her.

Make the appointment as soon as possible. With the fees raising at the end of the month they are getting pretty booked.

He can work for the same company while his AOS is pending, but I don't think he can change as the H1B is between him and his current company. Unless you want to apply for a work permit (EAD).

In your case unless he wants to change job or if his H1-B expires soon, the EAD isn't necessary.

For the length of the process check our the time lines. Some people have been getting theirs in as little as 2 months lately, but others are still waiting on the FBI name check after over 2 years or more. There is no rule, it all depends on your case and the USCIS.