Concurrnet H1B and marriage-based green card application

[sihanyuan 0]

Hi all,

 

I am currently working in the US on my F1 STEM OPT, but I am thinking about starting my marriage-based green card application since my wife is a US citizen. However, I would also like to travel outside the US for work while waiting for the green card, so I would like to also get an H1B through work. However, I was told that I need to wait till I get approved for H1B before submitting my green card application. Is that true? I thought the two processes are completely separate.  

 

Best,

[SusieQQQ 11,587]

Is your employer cap exempt? You seem very sure of being able to get an H1B through them.

 

So here’s the thing, if your spouse starts the green card application while you are on F1 (and assuming you maintain that status), you cannot leave the US without first getting an advance parole document or you will be deemed to have abandoned the adjustment case. Plus, when you return on AP, you are paroled in and no longer on student status and unable to do those things you could before (unless you also have an EAD by then)

if you are on H1B, you don’t need advance parole as it is a dual intent status. You can leave without abandoning the adjustment case. The catch here is that while you can leave & return on H1B and maintain that status, if you get the H1B in the first place by changing status in the US, you will need to get an H1B visa stamp at a consulate before you can return to the US on H1B. If your travel is for work, it may be tricky to figure in a consulate visit especially if not your home country ti get that done' but that totally depends on individual consulate appointment availability.

[sihanyuan 0]

Hi Susie. Yes, my employer is ca-exempt. So getting the H1B itself is not super tricky. 

So if my spouse starts the green card application while I am on F1, and then my employer applies for H1B for me and I switch to H1B status, would I be able to leave the US on H1B status, go get a H1B stamp at a consulate in my home country, and then come back on H1B without abandoning my green card application? 

 

Or should I first switch to H1B status, then apply for green card, then travel to get a stamp? 

 

My employer just told me to make sure I get H1B status before submitting green card application. I dont understand why ordering is necessary.

 

Thanks a lot btw!!

Edited November 1, 2022 by sihanyuan

[Boiler 45,770]

Go for everything as soon as you can, if you file to adjust and leave without AP then you abandon that application. Need to consider if CoS is better.

Edited November 1, 2022 by Boiler

[SusieQQQ 11,587]

1 hour ago, Boiler said:

Go for everything as soon as you can, if you file to adjust and leave without AP then you abandon that application. Need to consider if CoS is better.

To reiterate, AP is not required if /when he is on H1B.

[SusieQQQ 11,587]

2 hours ago, sihanyuan said:

Hi Susie. Yes, my employer is ca-exempt. So getting the H1B itself is not super tricky. 

So if my spouse starts the green card application while I am on F1, and then my employer applies for H1B for me and I switch to H1B status, would I be able to leave the US on H1B status, go get a H1B stamp at a consulate in my home country, and then come back on H1B without abandoning my green card application? 

 

Or should I first switch to H1B status, then apply for green card, then travel to get a stamp? 

 

My employer just told me to make sure I get H1B status before submitting green card application. I dont understand why ordering is necessary.

 

Thanks a lot btw!!

Maybe you can ask the employer to explain that - it’s possible that they (uscis) will not want to change you to H1B if you have an AOS process in place. So here’s another question though. Can your employer do premium processing for H1B? If not, then if you think it’s going to be that easy to get an H1B appointment in your home country, that seems a better idea than doing a change of status to H1B given that current COS processing times are months-long.  
 

to the earlier part of the question- yes, if you are already on H1B you can leave without abandoning the application. But you can’t just have applied to change to it, you have to have been approved,

Edited November 1, 2022 by SusieQQQ

[sihanyuan 0]

2 minutes ago, SusieQQQ said:

To reiterate, AP is not required if /when he is on H1B.

The issue is I am not on H1B yet. I am currently on F1. I am asking about the scenario where I would apply for green card and then apply for H1B, leave the country to get the H1B stamp, come back on that H1B stamp. I am wondering if that would cause issues. 

[SusieQQQ 11,587]

1 minute ago, sihanyuan said:

The issue is I am not on H1B yet. I am currently on F1. I am asking about the scenario where I would apply for green card and then apply for H1B, leave the country to get the H1B stamp, come back on that H1B stamp. I am wondering if that would cause issues. 

Answered in the interim , please see above 

Not sure why you are so dead set against doing the H1B first 

Edited November 1, 2022 by SusieQQQ

[sihanyuan 0]

1 minute ago, SusieQQQ said:

Answered in the interim , please see above 

Not sure why you are so dead set against doing the H1B first 

Thank you. I just want to get the green card process started asap. Submitting the H1B application, then wait it to be approved, then leaving the country to get interview/stamp then come back will take close to a year. 

 

I guess the question is whether I can leave the country if my H1B status is approved but I dont have the stamp and my AOS is pending. 

[SusieQQQ 11,587]

That question has been answered. 

[Family 4,068]

2 hours ago, sihanyuan said:

Thank you. I just want to get the green card process started asap. Submitting the H1B application, then wait it to be approved, then leaving the country to get interview/stamp then come back will take close to a year. 

 

I guess the question is whether I can leave the country if my H1B status is approved but I dont have the stamp and my AOS is pending

Pick a horse that will win the race , in your case: example, file marriage based AOS this week, get the Receipt Notices by next week and CALL USCIS to request an expedite for I-765 and I-131 using an urgent reason ..such as needing to save your job as well as job requiring international travel …if your employer could write a letter stating they will be negatively impacted without you , it will help. 
 

You could have a response to your request for expedite within 10 days ….