Filling for I485 with expired I94

[justmarried12 1]

Hello everyone,

I am a German citizen and in the USA with an H1B visa. I just got married to a US citizen and now we want to file for I130 and I485. My H1B is about to expire, but we filed a petition for an extension which is still pending.

Can we go ahead and file I485 now or should we wait for the extension to be approved? If we file now, do we need to include additional documentation?

Thanks for your help!

[Darnell 8,478]

i would file the adjustment of status set, not waiting on the H1B extension to be approved.

Good Luck !

[Dave&Judy 3]

Hello everyone,

I am a German citizen and in the USA with an H1B visa. I just got married to a US citizen and now we want to file for I130 and I485. My H1B is about to expire, but we filed a petition for an extension which is still pending.

Can we go ahead and file I485 now or should we wait for the extension to be approved? If we file now, do we need to include additional documentation?

Thanks for your help!

When you're filing AOS based on marriage, it doesn't matter if your H1B is still valid or not(unless you want to include your income for the purpose of I-864).

So, go ahead with AOS process (its' so long anyway.... )

[justmarried12 1]

So should I add a copy of the H1B petition to the package?

[Hypnos 6,576]

No, it is irrelevant to the process.

[justmarried12 1]

Yes, the H1B may not be relevant for the process but my visa and I94 expire on 9/16/2012. I am still in legal status as long as the H1B petition is pending. Should I not provide evidence showing that the petition was filed?

[Hypnos 6,576]

No, they will not care about your pending H1-B application and do not need a copy of it.

They may review your H1-B when they review your alien number file, so can see it whenever they want through their own records.