H-1B Canadian, just married United States Citizen

[copel008 0]

Hello everyone!

I am an H-1B visa holder from Nova Scotia, Canada, who has been living and working in the United States since October 2004. After three years of being together, my fiance and I (now my husband!) just got married on November 7, 2009.

My H-1B does not expire until October 2010, but I thought that I had better get a start on the green card application process. After doing my research on this site, online and on the USCIS website, I have two questions and I hope that someone can definitively answer them for me:

1. As an H-1B holder who is currently working in the US and whose H-1B does not expire until October 2010, do I HAVE to also submit forms I-765 (EAD) and I-131 (Advance Parole) with my I-485 (AOS) and I-130, or is the I-485 and I-130 sufficient? I have read on here that some people have done it both ways. With my H-1B good until October 2010, do you think that gives me enough time to get approval before my H-1B expires? I do not want to be unable to work, but I also don't want to have to file unnecessary forms.

2. Do I need to complete a medical and submit the results with my I-485 (AOS) and I-130?

Many thanks for your help!

[Inky 1,111]

I may be wrong but as soon as they accept your petition for AOS I believe your H-1B is invalid?

EAD allows you to work before you get your green card.

AP allows you to travel before you get your green card.

If you file AOS and then leave the country you abandon your AOS. Have to start all over again and risk not being allowed to enter again. AP is a must for AOSing and traveling before getting the green card.

- Yes you need a full medical completed by a civil surgeon.

You might want to post your question in the canada regional forums. Someone may have a better answer but that is what I see from doing a search.

[copel008 0]

I may be wrong but as soon as they accept your petition for AOS I believe your H-1B is invalid?

EAD allows you to work before you get your green card.

AP allows you to travel before you get your green card.

If you file AOS and then leave the country you abandon your AOS. Have to start all over again and risk not being allowed to enter again. AP is a must for AOSing and traveling before getting the green card.

- Yes you need a full medical completed by a civil surgeon.

You might want to post your question in the canada regional forums. Someone may have a better answer but that is what I see from doing a search.

No, actually the H-1B is a "dual intent" visa. It remains valid while you apply for a change of status

[Inky 1,111]

I may be wrong but as soon as they accept your petition for AOS I believe your H-1B is invalid?

EAD allows you to work before you get your green card.

AP allows you to travel before you get your green card.

If you file AOS and then leave the country you abandon your AOS. Have to start all over again and risk not being allowed to enter again. AP is a must for AOSing and traveling before getting the green card.

- Yes you need a full medical completed by a civil surgeon.

You might want to post your question in the canada regional forums. Someone may have a better answer but that is what I see from doing a search.

No, actually the H-1B is a "dual intent" visa. It remains valid while you apply for a change of status

Then basically if you know the answer to your questions why ask them?

[marie09 5]

Hello everyone!

I am an H-1B visa holder from Nova Scotia, Canada, who has been living and working in the United States since October 2004. After three years of being together, my fiance and I (now my husband!) just got married on November 7, 2009.

My H-1B does not expire until October 2010, but I thought that I had better get a start on the green card application process. After doing my research on this site, online and on the USCIS website, I have two questions and I hope that someone can definitively answer them for me:

1. As an H-1B holder who is currently working in the US and whose H-1B does not expire until October 2010, do I HAVE to also submit forms I-765 (EAD) and I-131 (Advance Parole) with my I-485 (AOS) and I-130, or is the I-485 and I-130 sufficient? I have read on here that some people have done it both ways. With my H-1B good until October 2010, do you think that gives me enough time to get approval before my H-1B expires? I do not want to be unable to work, but I also don't want to have to file unnecessary forms.

2. Do I need to complete a medical and submit the results with my I-485 (AOS) and I-130?

Many thanks for your help!

Hey Copel008,

Congratulations on your recent marriage...

As for the EAD I think it's up to you really - depends on your circumstances. It's free to file and only a 1 page form. I would probably apply for it as a safe guard. Just in case of the unlikely event your H1B employer laid you off... If you had an EAD you could find another job. Or alternatively if a better job opportunity emerges after you have your EAD you'd be free to take it.

Also while many people get their GC in months and you will more than likely have it by 10/10... A few are not so lucky and take a while.

As for the AP i believe you can still travel on your H1B but i'm sure someone with more expertise will be along soon to verify.

For the medical USCIS' website has a Civil surgeon search engine where you can find your nearest ones and book your medical. The results go in a sealed envelope that you mail with the I-485. My medical took 3 days to complete.

Good Luck!!!

[abhijith 0]

Hello everyone!

I am an H-1B visa holder from Nova Scotia, Canada, who has been living and working in the United States since October 2004. After three years of being together, my fiance and I (now my husband!) just got married on November 7, 2009.

My H-1B does not expire until October 2010, but I thought that I had better get a start on the green card application process. After doing my research on this site, online and on the USCIS website, I have two questions and I hope that someone can definitively answer them for me:

1. As an H-1B holder who is currently working in the US and whose H-1B does not expire until October 2010, do I HAVE to also submit forms I-765 (EAD) and I-131 (Advance Parole) with my I-485 (AOS) and I-130, or is the I-485 and I-130 sufficient? I have read on here that some people have done it both ways. With my H-1B good until October 2010, do you think that gives me enough time to get approval before my H-1B expires? I do not want to be unable to work, but I also don't want to have to file unnecessary forms.

2. Do I need to complete a medical and submit the results with my I-485 (AOS) and I-130?

Many thanks for your help!

Congratulations on your marriage! I am also an H-1B visa holder and I filed the applications last month. You do not have to submit I-765 and I-131 since most likely you will get GC by Oct 10. The fee for both these forms are already included in your I-485 ($1010). So you will not lose anything by filing these forms now. You can also file these later for no cost. Since you are on H-1B you do not need AP to travel outside the country.

I applied I-130, 485 and 765 but did not apply for I-131

You will also need I-693 and that can be obtained through any civil surgeon in your area. It would cost you anywhere between $150-$400 depending on the vaccinations you already have.

[copel008 0]

Thanks everyone, for your very helpful responses!

[rahulv 4]

Hello everyone!

I am an H-1B visa holder from Nova Scotia, Canada, who has been living and working in the United States since October 2004. After three years of being together, my fiance and I (now my husband!) just got married on November 7, 2009.

My H-1B does not expire until October 2010, but I thought that I had better get a start on the green card application process. After doing my research on this site, online and on the USCIS website, I have two questions and I hope that someone can definitively answer them for me:

1. As an H-1B holder who is currently working in the US and whose H-1B does not expire until October 2010, do I HAVE to also submit forms I-765 (EAD) and I-131 (Advance Parole) with my I-485 (AOS) and I-130, or is the I-485 and I-130 sufficient? I have read on here that some people have done it both ways. With my H-1B good until October 2010, do you think that gives me enough time to get approval before my H-1B expires? I do not want to be unable to work, but I also don't want to have to file unnecessary forms.

2. Do I need to complete a medical and submit the results with my I-485 (AOS) and I-130?

Many thanks for your help!

Hi I am replying to your query as I was also on H1-B got married in April 2009. My H1-B is going to expire in 2010 as well. Now let's go to your questions

1. As an H-1B holder who is currently working in the US and whose H-1B does not expire until October 2010, do I HAVE to also submit forms I-765 (EAD) and I-131 (Advance Parole) with my I-485 (AOS) and I-130, or is the I-485 and I-130 sufficient? I have read on here that some people have done it both ways. With my H-1B good until October 2010, do you think that gives me enough time to get approval before my H-1B expires? I do not want to be unable to work, but I also don't want to have to file unnecessary forms.

--> I-130 and I-485 you must file, now I-765 you would file if you would need work permit (so that you could work for any company without restrictions in US), I filed it just in case if there are any complications with AOS process and it doesn't get approved before October 2010 then at least I have a work permit to continue working. Is there enough time to get approval, I can't say that, yes there is for sure enough time to get EAD and AP but for AOS no one can guarantee that (in most cases yes you have enough time but it's case by case basis). I-765 is a very easy form to fill and I don't think that you should skip on that (plus it's free of cost if you are filing it together / or with an AOS application).

2. Do I need to complete a medical and submit the results with my I-485 (AOS) and I-130?

Yes you do need to file I-693 medical using a civil surgeon for your 485.

Good Luck.

[copel008 0]

Hello everyone!

I am an H-1B visa holder from Nova Scotia, Canada, who has been living and working in the United States since October 2004. After three years of being together, my fiance and I (now my husband!) just got married on November 7, 2009.

My H-1B does not expire until October 2010, but I thought that I had better get a start on the green card application process. After doing my research on this site, online and on the USCIS website, I have two questions and I hope that someone can definitively answer them for me:

1. As an H-1B holder who is currently working in the US and whose H-1B does not expire until October 2010, do I HAVE to also submit forms I-765 (EAD) and I-131 (Advance Parole) with my I-485 (AOS) and I-130, or is the I-485 and I-130 sufficient? I have read on here that some people have done it both ways. With my H-1B good until October 2010, do you think that gives me enough time to get approval before my H-1B expires? I do not want to be unable to work, but I also don't want to have to file unnecessary forms.

2. Do I need to complete a medical and submit the results with my I-485 (AOS) and I-130?

Many thanks for your help!

Hi I am replying to your query as I was also on H1-B got married in April 2009. My H1-B is going to expire in 2010 as well. Now let's go to your questions

1. As an H-1B holder who is currently working in the US and whose H-1B does not expire until October 2010, do I HAVE to also submit forms I-765 (EAD) and I-131 (Advance Parole) with my I-485 (AOS) and I-130, or is the I-485 and I-130 sufficient? I have read on here that some people have done it both ways. With my H-1B good until October 2010, do you think that gives me enough time to get approval before my H-1B expires? I do not want to be unable to work, but I also don't want to have to file unnecessary forms.

--> I-130 and I-485 you must file, now I-765 you would file if you would need work permit (so that you could work for any company without restrictions in US), I filed it just in case if there are any complications with AOS process and it doesn't get approved before October 2010 then at least I have a work permit to continue working. Is there enough time to get approval, I can't say that, yes there is for sure enough time to get EAD and AP but for AOS no one can guarantee that (in most cases yes you have enough time but it's case by case basis). I-765 is a very easy form to fill and I don't think that you should skip on that (plus it's free of cost if you are filing it together / or with an AOS application).

2. Do I need to complete a medical and submit the results with my I-485 (AOS) and I-130?

Yes you do need to file I-693 medical using a civil surgeon for your 485.

Good Luck.

Hello everyone!

I am an H-1B visa holder from Nova Scotia, Canada, who has been living and working in the United States since October 2004. After three years of being together, my fiance and I (now my husband!) just got married on November 7, 2009.

My H-1B does not expire until October 2010, but I thought that I had better get a start on the green card application process. After doing my research on this site, online and on the USCIS website, I have two questions and I hope that someone can definitively answer them for me:

1. As an H-1B holder who is currently working in the US and whose H-1B does not expire until October 2010, do I HAVE to also submit forms I-765 (EAD) and I-131 (Advance Parole) with my I-485 (AOS) and I-130, or is the I-485 and I-130 sufficient? I have read on here that some people have done it both ways. With my H-1B good until October 2010, do you think that gives me enough time to get approval before my H-1B expires? I do not want to be unable to work, but I also don't want to have to file unnecessary forms.

2. Do I need to complete a medical and submit the results with my I-485 (AOS) and I-130?

Many thanks for your help!

Hi I am replying to your query as I was also on H1-B got married in April 2009. My H1-B is going to expire in 2010 as well. Now let's go to your questions

1. As an H-1B holder who is currently working in the US and whose H-1B does not expire until October 2010, do I HAVE to also submit forms I-765 (EAD) and I-131 (Advance Parole) with my I-485 (AOS) and I-130, or is the I-485 and I-130 sufficient? I have read on here that some people have done it both ways. With my H-1B good until October 2010, do you think that gives me enough time to get approval before my H-1B expires? I do not want to be unable to work, but I also don't want to have to file unnecessary forms.

--> I-130 and I-485 you must file, now I-765 you would file if you would need work permit (so that you could work for any company without restrictions in US), I filed it just in case if there are any complications with AOS process and it doesn't get approved before October 2010 then at least I have a work permit to continue working. Is there enough time to get approval, I can't say that, yes there is for sure enough time to get EAD and AP but for AOS no one can guarantee that (in most cases yes you have enough time but it's case by case basis). I-765 is a very easy form to fill and I don't think that you should skip on that (plus it's free of cost if you are filing it together / or with an AOS application).

2. Do I need to complete a medical and submit the results with my I-485 (AOS) and I-130?

Yes you do need to file I-693 medical using a civil surgeon for your 485.

Good Luck.

Awesome! Thanks so much for your great advice and help!

[desertblue88 0]

I would strongly recommend that you do file your EAD and AP. Its free with the application. So why not.. If you do get laid off, although unlikely. You do have proof of work authorization.

[Jessy08 0]

I would strongly recommend that you do file your EAD and AP. Its free with the application. So why not.. If you do get laid off, although unlikely. You do have proof of work authorization.

I am going through the same process, and I need help with the I-131 form. I am a U.S. citizen and my husband (just married) has valid H1-B until 10/2010. We are planning on submitting the whole AOS package together soon(I-485, I-130, I-131, I-765). We are planning on quitting our jobs and go traveling for a while in June 2010.

on I-131, what do I put for Part 2. Application Type: (the only sensible answer for us is a or d)

a. I am a permanent resident or conditional resident of the United States, and I am applying for a reentry permit.

d. I am applying for an advance parole document to allow me to return to the United States after temporary foreign travel.

any help will be appreciated!

thanks,

Edited December 22, 2009 by Jessy08

[marie09 5]

on I-131, what do I put for Part 2. Application Type: (the only sensible answer for us is a or d)

a. I am a permanent resident or conditional resident of the United States, and I am applying for a reentry permit.

d. I am applying for an advance parole document to allow me to return to the United States after temporary foreign travel.

any help will be appreciated!

thanks,

Hi Jessy, I put `d' - I was adjusting from a work visa too based on marriage to a US citizen...

Good Luck!

[copel008 0]

Hi Rahul -

Did you send your I-765 (EAD) in the same package as your I-485/I-130/I-131? In my USCIS instructions, it's a bit confusing, but it seems to be telling me to send EVERYTHING (I-485/I-130/I-131, etc.) to Chicago Lockbox, but then for my location (Florida) it seems to be telling me to swend the I-765 (EAD) to Vermont.

Help!

Thanks,

Leah