fromfaraway

Hi,


I entered the US under a H1B visa in January 2004. In April, I married my long-term American boyfriend and in June 2004, we sent my and my daughter’s paperwork in for adjustment of status (I-485).

Yesterday I got receipt notice for me and my daughter’s for I-130. And today I got I-485 Receipt notice only for me. It says next step is to have fingerprints and biometrics taken.

When I have to do it? I am going to move to other state in beginning of August. Can I wait and do it when I am there?
Do I need to apply for address change first?
And then, do I need to wait until I get a new receipt notice?

Should I worry that my daughter’s I-485 notice has not arrived yet or is it normal to get it different time for family members. Also my last H1B extension was approved several weeks before but her H4 extension is still pending.

University I will work at from August applied for changing employer and extending my H1 status and my daughters H4 status. Today we got also these ‘’receipts notices’’ in another state.


Looking forward to your help. Thanks

andrea874

I'm sure someone will correct me if I'm wrong here - and this doesnt really have anything to do with your questions - but as another note, I am pretty sure that as soon as you apply for AOS your old visa is no longer valid, which means you no longer have H1 status, or any legal working status until you apply for and receive your EAD...

bazboy

I believe you can maintain H-1B status while your AoS is pending. I will try to find the wording on the USCIS website.

Barry

bazboy

http://uscis.gov/graphics/services/E...x.htm#Advanced

Here it states you do not need AP if you maintain H-1B status. I am also confident an EAD is not needed if you maintain your H-1B status. I am in this postion. Our lawyer has not said anything about me not being in H-1B status. I have applied for an EAD so when my H-1B status exipires I can continue working.

Barry

Rete

As long as she is working for the same employer that sponsored her for the H-1B, her H-1B is valid. It is only if it expires and/or she leaves their employment that the visa terminates.

Rete

andrea874

Well, in that case... oops Sorry... ignore me, I don't really know anything

inquisitive40

This case reminds me so much of a case reported here a few years ago about a girl who's boyfriend got his girlfriend a H1B visa with his employer, she came into the US and within a month married her boyfriend and never worked for her H1B visa sponsor, soon after that she got pregnant and when they applied for AOS she was refused based on visa fraud, using the H1B visa to enter the country to marry.
Hope this is not what you did? I never heard the outcome of the appeals on this case but the last I had heard of it at the time was that she had been forced to leave the US and was trying to appeal the decision.
Patrick

fromfaraway

So is my case considered as changing employer? The new university applied to change employer/ extend H1b for me at the same time I applied for AOS. I can work now as I have the "receipt notice" and the university have prepared a "Portability Letter".

fromfaraway

QUOTE]Originally posted by inquisitive40
This case reminds me so much of a case reported here a few years ago about a girl who's boyfriend got his girlfriend a H1B visa with his employer, she came into the US and within a month married her boyfriend and never worked for her H1B visa sponsor, soon after that she got pregnant and when they applied for AOS she was refused based on visa fraud, using the H1B visa to enter the country to marry.
Hope this is not what you did? I never heard the outcome of the appeals on this case but the last I had heard of it at the time was that she had been forced to leave the US and was trying to appeal the decision.
Patrick [/QUOTE]


I don’t see similarities in my and that case. I worked for my employer full time till my H1B expired. Then my employer applied for extending it for 3 more months. And I did work all that time too. I have H1B status only because I am qualified for it. Any other status would not be appropriate for my professional
Interests for the time I had H1B.

Here what I read some place:

An H-1B alien can be the beneficiary of an immigrant visa petition, apply for adjustment of status, or take other steps toward Lawful Permanent Resident status without affecting H-1B status. This is known as "dual intent" and has been recognized in the immigration law since passage of the Immigration Act of 1990.

inquisitive40

I don’t see similarities in my and that case. I worked for my employer full time till my H1B expired. Then my employer applied for extending it for 3 more months. And I did work all that time too. I have H1B status only because I am qualified for it. Any other status would not be appropriate for my professional
Interests for the time I had H1B.

Here what I read some place:

An H-1B alien can be the beneficiary of an immigrant visa petition, apply for adjustment of status, or take other steps toward Lawful Permanent Resident status without affecting H-1B status. This is known as "dual intent" and has been recognized in the immigration law since passage of the Immigration Act of 1990. [/QUOTE]

The MAIN difference which wasn't 100% clear in the original post is that you are working for your original H1B sponsor. If you had not worked for them, then you would have problems. As it is and as you stated, you got a legit H1B visa and work for the employer who sponsored you. If you never worked for that sponsor then it would not qualify under dual intent and would come under intent to marry, which then brings in the visa fraud.
Your case once clarified shows you should have no problems adjusting status.
Patrick

fromfaraway

Yes I worked for my H1b sponsor because it was the only reason why I got the visa. To me, what you wrote before was sounding like “an alien girl� who has and American boyfriend can get a H1b only if the boyfriend gets a H1B visa for her with his employer, and she came into the US to marry and get pregnant. I expect AOS interview in 2 or 3 years earliest as we plan to change address 2 times. I also think I shouldn’t have a problem adjusting status as by that time we will be at least two years married.

I also noticed, written in hurry, my first mail was confusing. I had too many questions, so no one wanted to answer them

inquisitive40

I wish you all the best, I did not mean to sound accusational. I suppose on newsgroups and forums too many people "pop in" with questions and some are not being as honest as they might be and others just plain and simple have agendas.
Again, good luck with your AOS and I wish you both a happy live together.
Patrick

Hypertweeky

Don't feel bad.. I goof up sometimes too
How is your Canadian car saga going??

fromfaraway

Thanks. I wish you both all the best too. I think most of people don't have any reason not to be honest. Just there are some stories that sound very unreal, so are hard to believe in.