H1B adjustment of status
#1
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Joined: Mar 2014
Posts: 40
H1B adjustment of status
Hi all,
Apologies if this has been answered before, I couldn't find a succint answer. If there is one feel free to just send a link to that!
I am currently on a H1B visa which expires in December of the this year, although my employer will extend it for longer if required.
I am married to a US citizen and so would like to adjust my status to a permanent resident. As I understand it, I need the following forms:
I130
I485
G325A
I765 work permit
I131 Travel permission
If anyone can tell me if this is correct that would be great. Also, I am struggling to ascertain what this will achieve - I understand it becomes permanent residence - is this the same as a Green card?
Any help much appreciated.
Apologies if this has been answered before, I couldn't find a succint answer. If there is one feel free to just send a link to that!
I am currently on a H1B visa which expires in December of the this year, although my employer will extend it for longer if required.
I am married to a US citizen and so would like to adjust my status to a permanent resident. As I understand it, I need the following forms:
I130
I485
G325A
I765 work permit
I131 Travel permission
If anyone can tell me if this is correct that would be great. Also, I am struggling to ascertain what this will achieve - I understand it becomes permanent residence - is this the same as a Green card?
Any help much appreciated.
#2
Re: H1B adjustment of status
You will also need a full medical exam, and the USC needs to complete an I-864 Affidavit of Support.
Yes, it means you become a US Permanent Resident, and will receive a green card as proof of that status.
All those forms and backup documents get sent all together to the address on the I-485.
Rene
Yes, it means you become a US Permanent Resident, and will receive a green card as proof of that status.
All those forms and backup documents get sent all together to the address on the I-485.
Rene
#3
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Thread Starter
Joined: Mar 2014
Posts: 40
Re: H1B adjustment of status
Thanks Rene - do you know an approximate time it will take? 3-6months?
#4
Re: H1B adjustment of status
You should get the EAD and AP within about 60 to 90 days after filing the AOS package (if no RFEs). You will first have an appointment for biometrics.
You should have your AOS interview about 6 months after filing the AOS package.
Rene
You should have your AOS interview about 6 months after filing the AOS package.
Rene
#5
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Joined: Mar 2014
Posts: 40
Re: H1B adjustment of status
Ok thank you.
EAD = Employment Authorisation Documents (so I can work while the application is pending)
AP = Advanced Parole if I have to leave the US (so I can get back)
RFE = Request for Evidence
I think I understand those, thanks to the wonder of Google!
EAD = Employment Authorisation Documents (so I can work while the application is pending)
AP = Advanced Parole if I have to leave the US (so I can get back)
RFE = Request for Evidence
I think I understand those, thanks to the wonder of Google!
#6
Re: H1B adjustment of status
Correct! We also have a Wiki Guide on here for immigration acronyms.
Rene
Rene
#7
Re: H1B adjustment of status
If necessary, the fact that OP is currently employed in the US and the employment will continue means that her income can be used for the I-864/864A.
#8
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Joined: Mar 2014
Posts: 40
Re: H1B adjustment of status
Hi Folinsky,
My employment, under the H1B, runs until the end of September, as I started on a temporary basis. I am now applying for my own position as full time, which will start once the H1B expires and the EAD is final.
If I use my current income for the I864, and then do not get the job, would that cancel the application?
Also, do I send a single cheque for the total costs of all the forms with the package?
Cheers
My employment, under the H1B, runs until the end of September, as I started on a temporary basis. I am now applying for my own position as full time, which will start once the H1B expires and the EAD is final.
If I use my current income for the I864, and then do not get the job, would that cancel the application?
Also, do I send a single cheque for the total costs of all the forms with the package?
Cheers
#9
Re: H1B adjustment of status
Also, do I send a single cheque for the total costs of all the forms with the package?
Rene
#10
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Joined: May 2013
Posts: 38
Re: H1B adjustment of status
Sorry to bump this thread:
I am currently in the US on a H1b (valid until June 2016 when my current position ends). Will be getting married to a USC this coming September. From what I understand, like victorthesecond, to apply for adjustment of status and green card, we will need to submit:
I-130
I-485
G-325A
I-693
I-864
How do the I-765 and I-131 that are mentioned in the original post play into this?
Also, if my fiancee decides to change her name after the wedding, do we need to wait for that to go through before submitting all of the above?
Thanks in advance
Jonathan
I am currently in the US on a H1b (valid until June 2016 when my current position ends). Will be getting married to a USC this coming September. From what I understand, like victorthesecond, to apply for adjustment of status and green card, we will need to submit:
I-130
I-485
G-325A
I-693
I-864
How do the I-765 and I-131 that are mentioned in the original post play into this?
Also, if my fiancee decides to change her name after the wedding, do we need to wait for that to go through before submitting all of the above?
Thanks in advance
Jonathan
#11
Re: H1B adjustment of status
The I-765 and I-131 are applications that go along with the I-485. There is no separate fee for those two, they are covered in the I-485 fee.
No, you don't need to wait for her name change. Officially she can start calling herself by her married name right after you get married. It will just take some time to get all her ID changed, but you don't need to wait for that.
Rene
No, you don't need to wait for her name change. Officially she can start calling herself by her married name right after you get married. It will just take some time to get all her ID changed, but you don't need to wait for that.
Rene
#12
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Joined: Aug 2002
Location: Kentucky
Posts: 38,865
Re: H1B adjustment of status
Also, if my fiancee decides to change her name after the wedding, do we need to wait for that to go through before submitting all of the above?
Ian
#13
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Joined: May 2013
Posts: 38
Re: H1B adjustment of status
Thanks Rene and Ian for the quick replies - very useful.
Jonathan
Jonathan
#14
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Thread Starter
Joined: Mar 2014
Posts: 40
Re: H1B adjustment of status
Hi, one last question (I think!).
We are filling in form I130, and saw a note in the instructions for people filing for spouses married less than 2 years. It seems a little confusing;
'we are required to file form I-751 during the 90 day period immediately before the second anniversary of the date your alien spouse was granted conditional permanent resident status'
So, does that mean, that 1 year and 9 months after I receive the permanent status (green card), we need to file an additional form? It seems like something I'm going to forget to do.... Does anyone know if we get a reminder of this?
Cheers, Andrew
We are filling in form I130, and saw a note in the instructions for people filing for spouses married less than 2 years. It seems a little confusing;
'we are required to file form I-751 during the 90 day period immediately before the second anniversary of the date your alien spouse was granted conditional permanent resident status'
So, does that mean, that 1 year and 9 months after I receive the permanent status (green card), we need to file an additional form? It seems like something I'm going to forget to do.... Does anyone know if we get a reminder of this?
Cheers, Andrew
#15
Re: H1B adjustment of status
When your AOS is approved, if the marriage is less than 2 years old, you will receive a conditional 2-year green card. During the 90-day window just prior to that card's expiration, you need to file form I-751 to remove conditions to get the 10-year green card.
Some people receive a reminder from USCIS when the time comes, some people don't. Put a reminder somewhere so you won't forget.
If your marriage is more than 2 years old when the AOS is approved, you get the 10-year green card directly, and don't file an I-751.
Rene
Some people receive a reminder from USCIS when the time comes, some people don't. Put a reminder somewhere so you won't forget.
If your marriage is more than 2 years old when the AOS is approved, you get the 10-year green card directly, and don't file an I-751.
Rene