I-130/I-485 question with H1-B
Nov 6th 2003, 4:17 am
#1
Guest
Posts: n/a
I-130/I-485 question with H1-B
Hi,
I have an H1-B that will expire in Oct 2005. My fiance (US Citizen) and I
just got engaged and are trying to plan our wedding. However, we're worried
about several legal issues...
If we file the I-130 and I-485 together, and my H1-B expires before I
receive the green card, does that mean I have to leave the country and try
to get a fiance visa? It makes more sense to me that they will allow me to
stay. But is there anything that I need to file to do that?
Do you guys recommend using a lawyer? Looking over all the instructions and
forms, it seems like it's something we can do by ourselves and have an
immigration lawyer check it afterwards. Does anyone disagree and/or have
suggestions?
Thanks,
Vicky
I have an H1-B that will expire in Oct 2005. My fiance (US Citizen) and I
just got engaged and are trying to plan our wedding. However, we're worried
about several legal issues...
If we file the I-130 and I-485 together, and my H1-B expires before I
receive the green card, does that mean I have to leave the country and try
to get a fiance visa? It makes more sense to me that they will allow me to
stay. But is there anything that I need to file to do that?
Do you guys recommend using a lawyer? Looking over all the instructions and
forms, it seems like it's something we can do by ourselves and have an
immigration lawyer check it afterwards. Does anyone disagree and/or have
suggestions?
Thanks,
Vicky
Nov 6th 2003, 11:10 am
#2
Guest
Posts: n/a
Re: I-130/I-485 question with H1-B
"V." <[email protected]> wrote in message
news:[email protected]...
> Hi,
> I have an H1-B that will expire in Oct 2005. My fiance (US Citizen) and I
> just got engaged and are trying to plan our wedding. However, we're
worried
> about several legal issues...
> If we file the I-130 and I-485 together, and my H1-B expires before I
> receive the green card, does that mean I have to leave the country and try
> to get a fiance visa? It makes more sense to me that they will allow me to
> stay. But is there anything that I need to file to do that?
No, filing for AOS allows you to stay in the US while it is processed. You
will need an EAD to continue to work though. And you'll need advance parole
to travel too. My advice is to file for all of that at once and forget about
the H-1.
> Do you guys recommend using a lawyer? Looking over all the instructions
and
> forms, it seems like it's something we can do by ourselves and have an
> immigration lawyer check it afterwards. Does anyone disagree and/or have
> suggestions?
I didn't (I was H-1B too) and it was fine. I will never say don't see a
lawyer but if you feel comfortable with the process then there's no
requirement to have one.
If you haven't seen the following site, it's a good overview:
http://www.geocities.com/immigration_helpsite/index.htm
Andy.
--
I'm not really here - it's just your warped imagination.
news:[email protected]...
> Hi,
> I have an H1-B that will expire in Oct 2005. My fiance (US Citizen) and I
> just got engaged and are trying to plan our wedding. However, we're
worried
> about several legal issues...
> If we file the I-130 and I-485 together, and my H1-B expires before I
> receive the green card, does that mean I have to leave the country and try
> to get a fiance visa? It makes more sense to me that they will allow me to
> stay. But is there anything that I need to file to do that?
No, filing for AOS allows you to stay in the US while it is processed. You
will need an EAD to continue to work though. And you'll need advance parole
to travel too. My advice is to file for all of that at once and forget about
the H-1.
> Do you guys recommend using a lawyer? Looking over all the instructions
and
> forms, it seems like it's something we can do by ourselves and have an
> immigration lawyer check it afterwards. Does anyone disagree and/or have
> suggestions?
I didn't (I was H-1B too) and it was fine. I will never say don't see a
lawyer but if you feel comfortable with the process then there's no
requirement to have one.
If you haven't seen the following site, it's a good overview:
http://www.geocities.com/immigration_helpsite/index.htm
Andy.
--
I'm not really here - it's just your warped imagination.
