AOS from H1b to Greencard

[mjusa 0]

hi all,

Happy to see such a forum here..

I came in USA in h1b before one year and currently working for my h1b employer. My wife is also here since 2005 in gc and she will be citizen by next month. I-130 filed by my wife is already approved. So I am planning to file AOS by next month. My doubts are.

1. What all forms I need to submit? Can I submit it together?

2. When Can I stop my current job with h1b employer? Is there any legal issues if I resign from the job after just filing the AOS? Is there any legal formalities with my employer?

3. My h1b is valid for 1.6 more mnths. So do i need a advance parole to Travel during this period?

4. What all supporting documents I need to submit with AOS?

Appreciate your immediate response.

Rgds

MJ

[marie09 5]

Hey MJ,

Just to clarify - your wife is going to sponsor your AOS once she is a citizen right? this is not a company sponosred green card - correct?

Assuming I am correct and didn't read this wrong let me answer your questions...

1) Since an I-130 has already been submitted you will also need to submit: I-485 (AOS) with a G-325a (biographical data), Form I-693 (Medical form - you will need to book a medical with a US approved civil surgeon - here is your link for that: https://egov.uscis.gov/crisgwi/go?action=of...office_type=CIV plus an I-864 (financial support form) then if you want to apply for an EAD you need to complete I-765 and if you plan on using that EAD you then should apply for Advance Parole too I-131...

2) This link found for another thread by Shani (thank you Shani!) explains your options of for if you continue working on your visa or switch employers once you have your EAD.

https://egov.uscis.gov/crisgwi/go?action=of...office_type=CIV

One thing to make sure of is don't quit your H1B job until you've received NOA's showing that your AOS is processing (about 10 days after you've mailed it - you should have them.) Sounds like you were going to wait for this anyway but I say this as I had a H2B visa. I looked into leaving my job early (as I was in a different state to my hubby to be) I read up on it and legally if I left before completing my contract the company was supposed to cancel my visa. That being said from what i've seen working in HR a lot of companies are barely aware of this and don't usually do it unless its a termination or you leave on bad terms (quit no notice etc...)...

But still I didn't want to risk it as i'm not sure if a cancelled visa might complicate AOS somewhat! But i'm pretty sure once you have the NOA's you're good to leave if you wish. You might want to see if your company has an immigration lawyer or talk to your HR department just to make sure you leave on good terms. I don't think there's much the company can do once your AOS is processing.Just give your notice and leave as anyone else would.

3) The link I gave above answers this!

4) The instructions on each form - list the supporting documents...

Hope this helps and bumping you up so you get some more advice. There are a few people on here adjusting from H1B's fingers crossed that one of them can give you some more specific advice!

Good Luck

[mjusa 0]

Hey Thaxs for your quick response.

Your assumption is right. I am going to do family based AOS.

I have some more doubts.

1. What is nonimmigrant visa number in h1 visa. I can see a control number, a red colored number in the visa.??? this is required in I-485.

2. Do we need to submit 4 copies of g325A or just one. Bcos new g325a(from uscis web) contains only one page.???

3. Can we submit I-765 and I-131 together with I-485. That is can we send these forms in a same envelope and to same address????

Appreciate your immediate response

MJ

[marie09 5]

Hey Thaxs for your quick response.

Your assumption is right. I am going to do family based AOS.

I have some more doubts.

1. What is nonimmigrant visa number in h1 visa. I can see a control number, a red colored number in the visa.??? this is required in I-485.

2. Do we need to submit 4 copies of g325A or just one. Bcos new g325a(from uscis web) contains only one page.???

3. Can we submit I-765 and I-131 together with I-485. That is can we send these forms in a same envelope and to same address????

Appreciate your immediate response

MJ

Hey MJ - you're nearly ready to send huh? awesome...

So in answer to your questions:

1) It's the red number - see this link: http://wiki.answers.com/Q/How_do_you_find_...dit_Card_number

2) The new form requires just 1 of each G-325a... I-130: 1 for you, 1 for your spouse, I-485 - 1 for you...

3) yes

Good Luck

[mjusa 0]

Hi Thaxs.

I am planning to file AOS from h1b to GC (Family based). My I-130 approved.

Can you please verify the following AOS forms and supporting docs. This is a sample cover letter I am planning to submit.

12/30/2009

From,

address

To,

USCIS

Attn: AOS

131 South Dearborn - 3rd Floor

Chicago, IL 60603-5520

Subject: Immediate Relative (Spouse) Family Based Adjustment of Status Application.

Dear Sir/Madam,

Enclosed please find my Form I-485, application for Adjust Status, and supporting documents

1) I-485

a) Copy of approved I-130.

b.) Copy of passport pages with non immigrant visa.

c) Copy of Birth certificate.

d) Two Passport size photos.

2) I-864

a) Copy of naturalization certificate

b.) Copy Income tax return forms and W2 in 2008

c) Copy of Pay slips and letter from employer

3) G32a

4) I-693

5) I-765

a) Copy of Passport

b.)Two Passport size photos

6) I-131

a) Copy of Drivers License

b.) Copy of H1b visa

c) Two Passport size photos.

Thanking you,

MJ

[mjusa 0]

I just applied and you can read the summery here http://www.tctcworld.com/dotnet/viewforum.php?f=12

Thanks to all and visa journey