H-1B questions

Old Feb 2nd 2001, 6:55 pm
  #1  
neilrc
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Hi there, I live and work in the USA on a H-1B and I've a couple of questions:

1 - I am going on my honeymoon very soon and will be leaving the USA for one week. I
understand I will have to hand in my I-94. Will I get a new one upon return and is there
anything special I should take with me other than my passport?

2 - I'm marrying a US citizen and as a UK citizen, I believe I have a few choices
regarding permanent residency. Could anyone explain these to me? I am fully employed.
Green card, permanent resident, dual citizenship... I am clueless!

Many thanks, Neil
 
Old Feb 3rd 2001, 10:11 am
  #2  
Agresao
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Hi there,
> I live and work in the USA on a H-1B and I've a couple of questions:
>
> 1 - I am going on my honeymoon very soon and will be leaving the USA
for one
> week. I understand I will have to hand in my I-94. Will I get a new
one upon
> return and is there anything special I should take with me other than
my
> passport?
>

Some have said on this ng that immigration officers at the POE might also ask for the H-1B
approval notice when you get in, although they almost never do it. So you might consider
taking it with you too.

> 2 - I'm marrying a US citizen and as a UK citizen, I believe I have a
few
> choices regarding permanent residency. Could anyone explain these to
me? I
> am fully employed. Green card, permanent resident, dual
citizenship... I am
> clueless!

A green card holder is a permanent resident. If you want to be an immigrant you would
indeed have two choices: pursue a green card through employment - this might take a longer
time and the whole process should be initiated by your employer, or go for it through
marriage: you would apply by yourself, and the advantage is that you would be granted an
immigrant status immediately. The marriage-based green card is conditional, which means
basically that you have to stay married for two years for the green card to remain valid.

If you have enough time on your H-1 you might chose to marry and apply for a
marriage-based green card after two years, and get an unconditional green card. in the
meanwhile you can also go for it with your employer.

(3rd. choice: green card lottery, but I'm not sure British citizens qualify)

There are a lot of useful links on the internet about immigration. Check Carl Shusterman's
web site (he's an immigration lawyer) at http://www.shusterman.com or for marriage-based
immigration Alvena Ferreira's page at http://www2.apex.net/users/thehydes

Success
 
Old Feb 5th 2001, 5:36 pm
  #3  
Ingo
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:

>Hi there, I live and work in the USA on a H-1B and I've a couple of questions:
>
>1 - I am going on my honeymoon very soon and will be leaving the USA for one week. I
>understand I will have to hand in my I-94. Will I get a new one upon return and is there
>anything special I should take with me other than my passport?

In addition to Agresao's suggestion, be sure that you have an H-1B visa in your passport.
May seem obvious, but if you don't, you'll have problems...

>2 - I'm marrying a US citizen and as a UK citizen, I believe I have a few choices
>regarding permanent residency. Could anyone explain these to me? I am fully employed.
>Green card, permanent resident, dual citizenship... I am clueless!

Green Card and permanent resident are one and the same. You can file for adjustment of
status (=apply for a Green Card) as soon as you return from your honeymoon, based on your
marriage. Or you can apply for a Green Card through your employer. Your choice, both have
advantages and drawbacks.

You cannot become a US citizen until you have been a permanent resident for at least three
or five years (three years if you were married continuously to a US citizen, otherwise
five), and you have to actively request it. If you don't apply for citizenship, you will
remain a permanent resident forever. Nothing wrong with that, you just can't vote and take
certain jobs. There are a few more rights only citizens enjoy.

Once you do become a US citizen, it's up to UK law whether they revoke your citizenship or
not - as far as I know, the UK allows dual citizenship.

Ingo

I am not a lawyer and this is not legal advice. For reliable advice, please consult with a
professional immigration attorney.

For further information, check the following frequently-requested links.

For many questions, you may find answers at http://travel.state.gov/visa_services.html
(Department of State)

or http://ins.usdoj.gov (INS).

For consular policies and visa reciprocity fees, find your consulate in
http://travel.state.gov/links.html

For DOL Faxback status information: http://workforcesecurity.doleta.gov/

For information on affidavit of support for marriage to US citizens (I-864), go to
http://travel.state.gov/i864gen.html and http://travel.state.gov/checklist.html

For information on entering the US as a K-1: http://www.k1poelist.com/

For poverty levels, see http://aspe.os.dhhs.gov/poverty/00poverty.htm

For information on H/L/O/P visa extensions at Dept. of State in St. Louis, MO, see
http://travel.state.gov/revals.html

For non-official information, check:

(When using these sites, and any Web sites, please watch out for privacy, as I do not know
all site operators.)

http://www.visalaw.com http://www.shusterman.com http://www.immigration.com
http://members.aol.com/MDUdall http://www.murthy.com/ http://www.getusavisa.com
http://greencard-lottery.virtualave.net/ http://www.jcvisa.com (H-1B)
http://www.h1bresources.com (marriage and fiancee) http://www.kamya.com/misc/ (marriage
and fiancee) http://www2.apex.net/users/thehydes http://www.formshome.com
http://www.workpermit.com

This is not an endorsement of any of these Web sites. I am not affiliated with any of the
Web site owners and do not receive nor accept payment in return for listing them, and
typically don't even know them.

(if believe you have a good immigration-related Web site and want your Web site listed
here, please e-mail me).
 

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