H1B to Green Card

[komiserimm 0]

Good morning,

I'm currently on H-1B visa and it will be expiring on September 30th, 2012. My company suggested to extend my visa but I just got married to a US citizen so I'm trying to send all the documents this week and I'm crossing my fingers that I'll receive my EAD on time so I can keep working at my current company.

I have a few questions and I need some advise from knowledgeable people:

1. Am I being optimistic that I'll receive the EAD before September 30th? Should I apply for the premium processing just to make sure? Am I even eligible to be applying for premium processing since not getting the EAD on time will be a big financial loss?

2. I'm sending the following documents for me and my wife. Do I need to be sending anything else?

Me (Non-US Citizen currently on H-1B)

G-325 (Biographic Information)

I-131 (Application for Travel Document)

I-485 (Application to Register Permanent Residence or Adjust Status) $1,070

I-765 (Application for Employment Authorization) free w/ I-485

I-693 Report of Medical Examination and Vaccination Record

I-864A Contract Between Sponsor and Household Member - I'm not sure if this is needed, but my income is definitely a part of our household income

6 Passport Pictures, Birth Certificate and Translation, W-2's for the past 3 years, Tax Return Documentation From 2011, US Marriage License/Documentation, Check for $1,070, Passport-Visa-I-94-Previous EAD Copies, Cover Letter

My wife (Us Citizen)

G-325 (Biographic Information)

I-130 (Petition for Alien Relative) $420

I-864 (Affidavit of Support Under Section 231A of the Act)

2 Passport Pictures, Birth Certificate, W-2s for the last 3 years, Tax Return Documentation From 2011, Check for $420

Obviously I need urgent help and I'm starting to think I should have just paid an immigration lawyer since this is really stressing me out.

Please let me know what you think.

Komiserimm

[Anh map 2,098]

There is no premium processing for adjustment of status. Any out of status work will be forgiven. So if it's not an issue for your employer, it shouldn't cause you any problems.

You do not submit an I-864A. Your income can be included on your spouse's I-864.

[DandT14 272]

I think you're being very optimistic if you're thinking you'll get your EAD prior to September 30. That only gives you two months. We're about to go to our interview (about 2.5 months into the process) and still have no EAD.

I have read that you can request that your EAD be expedited if you have a job offer. You could turn in your AOS package and then try that.

[aayitrun 66]

i was in a similar situation. aos timelines are not guaranteed. since your company has offered to extend your h-1, do it. there is absolutely nothing to lose that way. i had my aos done while my h-1 extension was in process.

[komiserimm 0]

i was in a similar situation. aos timelines are not guaranteed. since your company has offered to extend your h-1, do it. there is absolutely nothing to lose that way. i had my aos done while my h-1 extension was in process.

Well, my company did offer me to extend my H-1B but I told them that I didn't need to since I'm getting married. So I don't have anything being processed for a H-1B extension at this point. I guess I'll just have to talk to my Human Resources and tell them that my paperwork is in process and I should be getting the EAD in the next 2-3 months and I should be forgiven if there's any time between September 30th and the day that I receive my EAD.

Please advise if needed.

[Dave&Judy 3]

Well, my company did offer me to extend my H-1B but I told them that I didn't need to since I'm getting married. So I don't have anything being processed for a H-1B extension at this point. I guess I'll just have to talk to my Human Resources and tell them that my paperwork is in process and I should be getting the EAD in the next 2-3 months and I should be forgiven if there's any time between September 30th and the day that I receive my EAD.

Please advise if needed.

Even if EAD comes little late, you won't be out of status but you'll be saving money for H1 extension.

Please update your timeline and profile/signature so people can suggest you appropriately.

[aayitrun 66]

Well, my company did offer me to extend my H-1B but I told them that I didn't need to since I'm getting married. So I don't have anything being processed for a H-1B extension at this point. I guess I'll just have to talk to my Human Resources and tell them that my paperwork is in process and I should be getting the EAD in the next 2-3 months and I should be forgiven if there's any time between September 30th and the day that I receive my EAD.

Please advise if needed.

there isnt really forgiving on the companies part. if ur ead comes after h1 expiration, you might have to take a break from work. have them know that.

Even if EAD comes little late, you won't be out of status but you'll be saving money for H1 extension.

Please update your timeline and profile/signature so people can suggest you appropriately.

if the ead comes late, YES you will be out of employment authorization. you are still allowed to stay in the us, but ur work authorization is gone. any work after that will accrue illegal employment. your i-9 filed with the employer only lets u work till h1 expiry date. after that i-9 has to be refreshed and u have no employment authorization.

also saving money has nothing to do with this, since h1 cost is borne by company entirely.

wrong advice.

[Mrsaveemac 0]

also saving money has nothing to do with this, since h1 cost is borne by company entirely.

wrong advice.

Hmmm. you would be very surprised to learn how many companies put the burden of cost onto the h1b recipient as a precursor to being employed. they know it's illegal, but of you really need to work, you grin and bear it.

Edited August 1, 2012 by Mrsaveemac

[JohnR! 5,495]

The chances that you'll get your EAD on time are slim. Not impossible but slim, at best.

Proactively, you should contact your HR administrator so that your company may decide how they want to approach this. If there is a large contingent of H1B in your organization, is is very likely they have an immigration lawyer on retainer. Even if they don't, your HR Admin needs to make the call on what course of action to take.

Good luck & congrats!!!

[Dave&Judy 3]

also saving money has nothing to do with this, since h1 cost is borne by company entirely.

wrong advice.

Hmmm. you would be very surprised to learn how many companies put the burden of cost onto the h1b recipient as a precursor to being employed. they know it's illegal, but of you really need to work, you grin and bear it.

Thanks Mrsaveemac !

'aayitrun' might not have ground level info.

I assume, that could be the reason komiserimm is concerned about the fee.

And by saying "you won't be out of status" i meant you wont be out of status as once your AOS package(marriage based) accepted, you're on status provied by attorney general. I never said you can work during that period. During that small gap, you might take a small break or something.

Hope that helps !!

[aayitrun 66]

i understand that companies will otherwise squeeze h1b employees while not directly making them pay. after all i was on h1b.

my primary concern is that being in a status unable to work is a risky place to be. most ead cards come within 3 months, but the uscis has lost a file every once in a while. not every company will let u be on indefinite leave while u wait for your personal application that u filed declining the companies sponsorship.

unlike that with h1 u can continue to work as long as u have receipt of filing. also extensions are cap exempt. its a sure shot way of keeping your work authorization intact.

god forbid if your aos gets denied for some reason, if u had h1 extended u can now continue on that extension and get future extensions. the other way u have to start afresh and be subject to cap.

im obviously looking into this from a variety of angles and not just one saving h1 cost which frankly is petty in my opinion. really this situation depends on how risk tolerant you are, but if i were u ( and i was just a few months ago - my h1 extension was coming up ) i would take the h1. its cost ( none if ur in a good company ) is well worth its protection.