Filling I-130 and I-485 for my parents

[user30669]

Hello everyone,

I'm a USC, and want to fill petitions for my parents.
My father is on H-1 visa and my mom on H-4 visa for the last 8-9 years.

I have few questions:

* Do I need to submit any other forms with the I-130 and I-485?
1. I saw that some people said to submit I-864. Do I need it? Since my father is working in the US.
2. Do I need to attach form G-325 or G-325A for them? or only the biometric fee?

* Since my father is on H-1 visa, should he also submit I-765 to be able to continue working in the current company?

Thank you all

[wavedom]

* The first page of the I-864 instructions states that the form has to be submitted for all immediate relatives of US citizens (including parents). The instructions for the I-485 also state that an I-864 has to be submitted if the application is based on an I-130 filed by a relative. According to the instructions for the I-485, a G-325A has to be submitted. I don’t see any reason why this case would be an exception.


* According to some sources it works in the following way:

It’s possible to apply for an EAD and AP along with the I-485 if you are in H1-B status. But if you use that EAD to work for another employer (or the same employer), you might be considered to have left your H-1B status and gone into I-485 pending status. If the I-485 is denied for some reason you would then be out of status. It seems like a denied I-485 doesn’t affect the H-1B status since the H-1B is a dual intent visa. So I guess it’d be safer for them to stay in H-1B/H-4 status until they become LPR.

[user30669]

Thank you for responding.

My dad's H1-B visa is expiring in January 2013, so I guess submitting I-765 and changing to I-485 pending can't make it worse, right?

If I don't submit I-765 with the I-485, my dad will not be able to work until he gets the LPR?

[wavedom]

I would assume it’s fine to submit the I-485 and I-765 without risking anything, but I don’t know enough about H1-B to know for sure.

As far as I know, an EAD is the only way to work legally (except for work visas) before you become a LPR. If he loses his right to work when the H-1B expires in January, then he would need an EAD in order to continue working.