Newbie Needs Help: Change from H1-B to Green Card help

[WanderLustMan 0]

Hey all, found this fantastic site while just searching around the Internet. Can't believe such a resource exists, this looks great. So here's my situation:

I'm a Canadian citizen who go married to my college girl last summer (we'd been going out for 5 years). She's American and I'm currently in the US as an H1-B holder for work. I would like to start the process of getting permanent residency. I am waffling between hiring a lawyer to help me through the process or rough it myself. I thought I'd at least ask for some suggestions here first.

1) I think my situation (i.e. H1-B currently living in the US to green card/permanent resident) requires me to follow the guide as outlined here: I-130 Guide

Is that correct? Is there some other process I should be following?

2) What is the timing expectations? How long should I think that the process in my situation should take?

3) Can I travel while the process is in motion? I think if I file a I-131 I would be able to travel (we are thinking of travelling for 2 months in August and September if possible).

4) I've heard about this InfoPass option which is to go to Dallas and get an interview through the online system. Has anyone had any experience with it, is it worth it? I'm willing to go to Dallas if need be and it expedites the process.

Anywho, just wanted to throw out some questions first, any help would be greatly appreciated.

Edited April 10, 2006 by WanderLustMan

[Kez/JWolf 6]

If you are already in the US then you can file for I-130 and AOS at the same time.... you can also file for AP (so you can travel) and EAD to work... but your H1B may already allow for work (I am not up on H1B visa).

Read the Guides at the top about doing AOS from inside the US....

Kezzie

[WanderLustMan 0]

If you are already in the US then you can file for I-130 and AOS at the same time.... you can also file for AP (so you can travel) and EAD to work... but your H1B may already allow for work (I am not up on H1B visa).

Read the Guides at the top about doing AOS from inside the US....

Kezzie

Kezzie, thanks for the quick reply. My only question with the AOS is really related to the travel. What happens if I stop working and no longer have the H1B valid. Is it possible to get the travel document quickly or is it a 3-4 month process?

Edited April 10, 2006 by WanderLustMan

[Kez/JWolf 6]

I can take 3 - 5 months to get travel AP and about the same for Work EAD....

Kezzie

[WanderLustMan 0]

sounds good so looks like I would have to apply immediately for one in any case as well. My H1B says it's valid through 2007. Does that mean it's valid even if I no longer work for the firm sponsoring?

[pax 0]

You might want to pop over to www.britishexpats.com (it's not just for Brits); the post-ers there will likely have more experience with dealing with transitioning from work visas. Most post-ers here, though certainly not all, have adjusted status from K visas, or came here as CR-1/IR-1 visa holders and were granted permanent residency upon arrival.

Bonne chance!

[zyggy 9]

You might want to pop over to www.britishexpats.com (it's not just for Brits); the post-ers there will likely have more experience with dealing with transitioning from work visas. Most post-ers here, though certainly not all, have adjusted status from K visas, or came here as CR-1/IR-1 visa holders and were granted permanent residency upon arrival.

Bonne chance!

If you have an H1B visa, since it is a dual intent visa, it does not expire when one files a I-130/I-485... as long as you still work for your sponsored employer, you can use the H1B to work for your sponsored employer as well as travel on the H1B visa while you are still working for your sponsored employer. The visa can also be renewed if needed... If you want further information, please talk to the attorney who arranged for your H1B.. you should do it anyways to confirm what has been stated here...

However, if you wish to get an EAD because you want to change employers, the moment that you use the EAD, the H1B is invalid and you will require AP to be able to be paroled into the US if you leave the country.

So you can file the I-130 and I-485 to the Chicago lockbox, if you are happy with your sponsored employer, you can keep on working with the H1B and travel outside the US on the H1B as long as you are still working for your sponsored employer.

You can only use the DORA program if you live in the area served by the Dallas district office.

To get an idea of how long it will take to get the GC in your area, go to USCIS page and check out the timelines for your DO. But it usually take between 6 to 12 months.

[meauxna 15]

oh good.

What Zyggy said.

Maintain your H1-B status and you don't need anything extra until your H expires or your AOS is approved.

Fall out of H and you will need specific travel and work permissions. Your continued sty in the US is covered by your pending I-485.

[WanderLustMan 0]

sounds like I need to keep my job Thanks guys for all the help

[meauxna 15]

sounds like I need to keep my job Thanks guys for all the help

No, it sounds to me like you have options.

[WanderLustMan 0]

well i'm thinking is that if I file fast enough, I can hopefully have an AP approved before doing any travelling. Does that make sense? We are in April 10th, file by say April 17th and try to get it approved by the end of July?

[meauxna 15]

well i'm thinking is that if I file fast enough, I can hopefully have an AP approved before doing any travelling. Does that make sense? We are in April 10th, file by say April 17th and try to get it approved by the end of July?

There are waaaay too many variables for me to have an opinion. It's cutting it close; make sure that you don't make any errors in your I-485; an RFE there tends to stop processing on the I-131 and I-765.

Then again...

Can't win if you don't play!

I take it you'd like to quit your H job?

[Autumnal 25]

Good luck.