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-   -   H1B to Permanent Residency (https://britishexpats.com/forum/usa-57/h1b-permanent-residency-106207/)

mindyh2000 Jan 9th 2002 7:44 pm

I am currently holding H1B visa. I also just got married with the US citizen.

To apply for the permanent resident process documents:
1. I-485
2. G-325A
3. I-693
4. I-864
5. I-765 (Authorization for Employment)

My questions:
A. Since I am holding valid H1B now, do I still have to file in I-765 again?

B. Does my husband need to file in I-130 Petition for Alien Relative first before I file in the process from 1 to 5?

Thank you very much for helping.

John Kao Jan 10th 2002 11:13 pm

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No, unless the H1b is expiring or has expired. Saves you some money too.

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I think they can be filed the same time for spouses, you have to make sure. The usual
procedure is to wait till a petition is approved before i485 can be submitted.

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Rob Jan 10th 2002 11:41 pm

permanent resident process documents:
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No, unless the H1b expires or you want to chane job without transfering the
H1b.

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In my case I can file all the above forms at the same time and send it (no walk-ins
at my place) to the LOCAL INS office.

Rob

Rob Jan 10th 2002 11:42 pm

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For your case I would also suggest to join alt.visa.us.marriage-based

Rob

Sylvia Ottemoeller Jan 11th 2002 9:00 pm

mindyh2000 wrote:

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I think you should. The reason is that if you travel outside the U.S. using advance
parole, you hold "parole" status when you return. INS' current interpretation is that
H-1B status (which you would still have if you had not traveled) still authorizes
your employment even while in parole status. See
http://www.vkblaw.com/news/onehundredninetytwo.htm, "Under What Section of the
Regulations Would H-1 or L-1 Nonimmigrants be Granted Authorization for Continued
Employment?"

INS could change that and require an EAD (which you get by filing Form I-765) to
authorize employment while in parole status. I would get an EAD myself in that
circumstance.

Please note that *you* must obtain the advance parole to travel, using Form I-131;
you cannot "use" the H-1B alone, to travel outside the U.S., because that privilege
only applies to employment-based I-485s, and yours is marriage-based.

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Your husband should file the I-130 simultaneously with all the listed stuff, at the
INS district office. He has the option of filing Form I-130 at the INS Service Center
and getting it approved first, and then you would include the I-130 *approval* with
the above list, but there's no point in that. It is a total waste of time.


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