H1B - Applying for Adjustment of Status

[missmei]

Hi All,

I'm currently on a H1B, and recently got married Yay! In doing so I'm completing the forms for Adjustment of Status (I-485, I-130).

My current employer (the sponsor for the H1) has just announced that they're going to relocate to another part of the country - since I've decided not to go I'm guessing my H1B will be invalid from the date that I stop working with the sponsor - even though the H1B visa does not expire until2008.

In filing for the adjustment of status and since employment will end soon do I need to complete the I-765 for the EAD, and also do I need to apply for advanced parole? I don't have any plans to travel yet - but feel it should be done for back up just in case i need to travel outside of the USA. How do i complete the form if I dont have any specific travel dates?

Finally, on form I-485 (application to adjust status), part 3 asks for non-immigrant Visa Number - where can I find this number? According to the immigration officer we saw he told us to put the I-94 number down but surely thats different since it asks for the 1-94 number on the previous page!!

Any help is greatly appreciated.

Signed,
Very Confused about process!!!

[TrueBrit]

Here's a few suggestions

Hi Miss

I just went through exactly this process here in Los Angeles H1-B, married to USC and got a green card through adjustment of status.

As I understand it, the H1-B is specific to a particular employer however I don't think you're required to leave the US if you stop working for them. You just can't work for another employer until the new employer has applied to sponsor the remaining balance of you H1-B or you've got your I-485 approved.

Given that you're going to file an I-130 and an I-485, this will take precedence over the expiration of your H1-B and will allow you to remain in the country while the USCIS adjudicates your I-130 based adjustment of status.

If I were to go through the process again, I wouldn't file an I-765 since in our case, the USCIS took about 90 days from start to finish to process and approve the green card. I just got the EAD card this week but I expect that the green card will arrive in the next 3-4 days and the time between EAD and GC (one week) isn't sufficient to warrant the extra cost and filing (even though the 765 form is very simple).

I'd say the same about advanced parole. Unless you're planning to leave the country in the next 60-90 days while they process your application, you can forget about filing an I-131 (I didn't file one). My H1-B expired in April mid way through the process and I got a new one issued that was also valid until 2008. I'd had it for about a week before the I-485 interview and they just canceled it.

The only gray area would be if you quit your current employer, then left the US and returned using the current H1-B and told the inspection officer that you still work for your current employer. H1-B holders are allowed to leave and return to the US while an I-485 is pending (without needing to file an I-131 advance parole) provided that their H1-B status is still valid. I'm no lawyer so I don't know whether not being employed by the sponsoring employer makes the H1-B status expire sooner than the date on the visa.

My advice would be to submit the I-130 and I-485 asap (while you're still working for your H1-B employer) and then only leave the country if you're still working for the H1-B employer. If you quit with your H1-B employer, just sit tight for 60-90 days and don't travel while the USCIS processes and approves your I-485 application.

The non immigrant visa number is the number printed in red on your current H1-B visa in your passport.

Finally, check and double check your I-130 and I-485 applications and try to provide as much supporting evidence as possible of your marriage (2005 or 2006 tax return, photos of wedding, out on family holidays etc., rental/property/car/insurance/bank docs) with the initial application you submit to the USCIS lockbox in Chicago. This should make sure you don't get any requests for further information that would slow down the approval process. Also follow the instructions on the USCIS website for assembling the submission - punch two holes in the top of each sheet, use 2 prong wire fasteners to hold it all together and add self adhesive tabs to each section explaining what is in that section (birth certificate, marriage certificate etc.). Everything they need is outlined in the I-485 and I-130 covering notes and this site has some helpful reference material on what to submit as evidence. Also, don't forget to submit an I-864 Affidavit of Support along with the I-130 and I-485. You'll also need to submit G-325A Biographic Forms for yourself and your spouse.

Finally, try not to move while the application is pending. This way there'll be less opportunity for certain correspondence from the USCIS to go missing with potentially terminal results for the application.

It seems quite daunting, but really isn't. Just read the notes on the front of each form thoroughly, make sure you provide everything they ask for, double check it and you should be fine. Assembling the initial submission is by far in a way the most arduous part of the whole process.

[poorir]

Documents needed from the spouse for filing I-485

Hi,
I would like to know what documents are required from the spouse if the spouse is also on H1-B visa. My husband is on H1-B and wants to file I-485?
Please respond immediately. Thanks a lot.