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H1B adjustment of status

H1B adjustment of status

Old Jun 4th 2015, 10:00 pm
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Default 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.
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Old Jun 4th 2015, 10:06 pm
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Default 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
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Old Jun 4th 2015, 10:36 pm
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Default Re: H1B adjustment of status

Thanks Rene - do you know an approximate time it will take? 3-6months?
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Old Jun 4th 2015, 10:52 pm
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Default 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
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Old Jun 4th 2015, 11:46 pm
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Default 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!
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Old Jun 5th 2015, 1:48 am
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Default Re: H1B adjustment of status

Correct! We also have a Wiki Guide on here for immigration acronyms.

Rene
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Old Jun 5th 2015, 7:28 pm
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Default 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.
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Old Jun 12th 2015, 1:52 am
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Default 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
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Old Jun 12th 2015, 6:26 am
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Default Re: H1B adjustment of status

Originally Posted by Victorthesecond View Post
If I use my current income for the I864, and then do not get the job, would that cancel the application?
No. You would just bring an updated I-864 to the AOS interview.

Also, do I send a single cheque for the total costs of all the forms with the package?
You can, although personally I would write one for the I-130 and one for the I-485, since they really are separate applications.

Rene
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Old Jun 23rd 2015, 11:43 am
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Default 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
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Old Jun 23rd 2015, 12:00 pm
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Default 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.

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Old Jun 23rd 2015, 1:26 pm
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Default Re: H1B adjustment of status

Originally Posted by jtlc2345 View Post
How do the I-765 and I-131 that are mentioned in the original post play into this?
For you, they likely don't - but it is still a very good idea to apply for both A/P and an EAD... especially since there's no additional cost when you submit an I-485. Having an EAD means that you can leave your H-1B employer should you wish; you'd no longer be obligated to remain working for your sponsor. If you do leave your H-1B employer, you'd also then need A/P to travel outside the US and return. Of course, if you're happy being tethered to your H-1B sponsor, then you don't need to use either A/P or the EAD even if you have them... but, as Yoda noted: "Difficult to see. Always in motion is the future!"


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?
No. She's a USC... she can pretty much do whatever she wants.

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Old Jun 23rd 2015, 1:35 pm
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Default Re: H1B adjustment of status

Thanks Rene and Ian for the quick replies - very useful.

Jonathan
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Old Jun 24th 2015, 2:51 am
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Default 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
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Old Jun 24th 2015, 3:05 am
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Default 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
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