Unique Case?

[PaulD 0]

Hello, I've tried to look around but I'm either I haven't looked enough, or most adjustment status are from K-1/K-3 status.

My wife is here on an H1-B from Japan. We just got married (technically we got married last year in Japan, but since we didn't file the forms, it was not recognized) last month.

Her visa expires in 1 1/2 years, and her company is rapidly running out of funding, so they may only last 1 more year, so if we don't apply for adjustment status, I assume she'll have to go back in 1 year.

I've had a few friends who have married from Japan, but they've all done something different as their spouses have had different scenarios.

Can anyone point me to a forum/thread that explains what the process /forms needed for H1-B to permanent resident?

Also, does anyone know if we apply, will she be able to go back to Japan (she has to attend a wedding in June) during the application process? Will it take that long?

I'd really appreciate anyone's help. I have to imagine someone on this board has gone through this process.

Thanks,

Paul

Edited August 16, 2007 by PaulD

[Otto 83]

Hello, I've tried to look around but I'm either I haven't looked enough, or most adjustment status are from K-1/K-3 status.

My wife is here on an H1-B from Japan. We just got married (technically we got married last year in Japan, but since we didn't file the forms, it was not recognized) last month.

Her visa expires in 1 1/2 years, and her company is rapidly running out of funding, so they may only last 1 more year, so if we don't apply for adjustment status, I assume she'll have to go back in 1 year.

I've had a few friends who have married from Japan, but they've all done something different as their spouses have had different scenarios.

Can anyone point me to a forum/thread that explains what the process /forms needed for H1-B to permanent resident?

Also, does anyone know if we apply, will she be able to go back to Japan (she has to attend a wedding in June) during the application process? Will it take that long?

I'd really appreciate anyone's help. I have to imagine someone on this board has gone through this process.

Thanks,

Paul

Paul,

Try starting HERE

[Dr_LHA 3]

Hello, I've tried to look around but I'm either I haven't looked enough, or most adjustment status are from K-1/K-3 status.

Yes, most people on here are K-1/K-3 people. However there are some H-1B people, myself for example!

My wife is here on an H1-B from Japan. We just got married (technically we got married last year in Japan, but since we didn't file the forms, it was not recognized) last month.

Her visa expires in 1 1/2 years, and her company is rapidly running out of funding, so they may only last 1 more year, so if we don't apply for adjustment status, I assume she'll have to go back in 1 year.

Correct, if her H-1B expires without renewal being filed or she loses her job, then she will be required to leave the USA immidiately.

I've had a few friends who have married from Japan, but they've all done something different as their spouses have had different scenarios.

Can anyone point me to a forum/thread that explains what the process /forms needed for H1-B to permanent resident?

This guide explains everything:

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

Basically you need to file I-485/I-130 concurrently. She will need to get a medical done by a US civil surgeon as the first step.

Also, does anyone know if we apply, will she be able to go back to Japan (she has to attend a wedding in June) during the application process? Will it take that long?

As long as her H-1B is valid, she can travel on it. If the H-1B expires, she will have to use "Advance Parole" which she can apply for at the same time as sending in the I-130/I-485 (advance parole is included in the cost). She can also apply for an EAD (I-765) at no extra cost, that will allow her to go work for a different company if she wants. Note however that using an EAD (not just applying for one) will invalidate an H-1B.

I'd really appreciate anyone's help. I have to imagine someone on this board has gone through this process.

There's always someone!

[kiwigirl224 0]

I'm transferring from H-1B and filed I-485/I-130 in July. I also applied for EAD so that I can change jobs if I want to before my GC is approved (oh how I hate my current job ). And since I might change jobs and then wouldn't be working on my H-1b anymore I also applied for AP so that I can travel if necessary. So I sent off a big package with I-130, 485, 765 and 131 and as Dr_LHA said your wife will need to see a civil surgeon to get the I-693 medical form completed.

As for how long it will take - that is the million $ question!

Good luck!