do i need to apply for K-3 if I have H1B?

[lus 0]

Dear All,

I am currently in the United States working under my H1B Visa? I am married to a US citizen, Do I need to obtain a K-3 before I apply for change in status?

Thanks,

Lus

[Urge To Race 2]

No. You do not need another visa since you are already in the US. Just apply for AOS

Dear All,

I am currently in the United States working under my H1B Visa? I am married to a US citizen, Do I need to obtain a K-3 before I apply for change in status?

Thanks,

Lus

[pushbrk 12,566]

No. You do not need another visa since you are already in the US. Just apply for AOS

Dear All,

I am currently in the United States working under my H1B Visa? I am married to a US citizen, Do I need to obtain a K-3 before I apply for change in status?

Thanks,

Lus

A visa is for entering a country. You're already here and if your H1B is still valid (you're still working for the sponsoring employer) you need no visa. Just file AOS.

To clarify, however, the H1B is a dual intent visa that allows a status adjustment regardless of your intentions when you entered the US.

Had you been here on a tourist visa, the answer wouldn't be as simple because intent upon entry would come into the equation.