Intro: AOS from H1B

[46610Besixdouze 10]

Hello everyone,

I just wanted to introduce myself. I recently got married to my husband, who is an United States citizen. I have lived in the US since 1999, first on student visas and now on my second H1B. We're going to begin the AOS process after our summer travels abroad for our wedding celebration. I just wanted to say hello

I have started looking at the documents we'll need and I want to get everything in order, so that we can file as soon we come back from travels in July. Is there anything specific you'd recommend I start doing early on?

Also, what is the validity of the medical exam? Can I get that done in the next few months if we plan to file in July?

Thanks in advance,

E

[Asia 2,498]

On what visa are you going to enter the US after travelling abroad? H1B?

I'm not sure, but if you're gonna AOS from H1B visa, the lawyer in the company sponsoring you on H1B visa should be the best person to talk about it.

But I'm sure that will be corrected by more experienced users.

[46610Besixdouze 10]

Yes, my H1B visa is valid for a few more years. I will only submit for AOS after our planned travels. My company does not have a lawyer, and we used an outside company, but I am planning to proceed with the AOS myself without the help of a lawyer.

[kzielu 1,149]

Yes, my H1B visa is valid for a few more years. I will only submit for AOS after our planned travels. My company does not have a lawyer, and we used an outside company, but I am planning to proceed with the AOS myself without the help of a lawyer.

Use the guide - http://www.visajourney.com/content/i130guide2

I adjusted from L-1B entirely on my own, had green card two months from filing date.

Company lawyer has zero relevance here, and I actually doubt if he/she will get engaged in marriage-based adjustment since it's not work related.

Edited January 28, 2013 by kzielu

[Little_My 464]

I don't see why you would need a lawyer, unless there are some unmentioned complications related to your case.. H1-B is a dual intent visa and allows for immigrant intent, so travelling abroad with the H1-B before filing for AOS and then re-entering with the intent to immigrate is also perfectly fine.

My understanding is that because of that above mentioned quality of H1-B, unlike other non-immigrant visas, your visa will continue to be valid throughout the AOS process. This means that you can continue to work and, if needed, travel abroad normally with the H1-B even while your AOS is pending. I am not 100% sure about this though, so hopefully someone will either verify or correct me if I am wrong here.. Won't hurt to apply for the AP and EAD just to be on the safe side, they won't cost you anything extra and will be a backup safety net for you, just in case you were to, for example, lose your H1-B while AOS was still pending.

According to USCIS, the results of the medical examination are generally valid for 12 months (USCIS website, under "Special instructions"). If you plan to file in July, you can easily get the medical taken care of before your trip abroad and have it ready so that when you return, you'll be able to file the paperwork without delays.

You can get copies of documents such as your lease, proof of joint credit cards/bank accounts, insurance etc. and then just print out a couple of most recent bank statements after you're back. You can pretty much fill out all the forms, and maybe just sign and date them closer to filing the AOS paperwork (and after you have legally married). You can basically put together the entire package before your trip abroad, minus the marriage certificate.

[Harpa Timsah 13,258]

Yep, with H1B you can continue to travel normally while AOS is pending as long as H1B is still valid. This is not the case for most other visas.

[hmh33 117]

Congratulations on your marriage. Why wait on the AoS?

[Asia 2,498]

Thanks for correcting me, guys. I forgot that H1B is a dual intent visa.

Sorry for confusion!

Edited January 29, 2013 by Asia

[46610Besixdouze 10]

Hi all, it was really helpful to find out that I can travel even during the AOS process on an H1-B. I had assumed that not to be the case, and therefore was going to wait until our planned trip was over to start the process. We are legally married already (waiting on official copies of the marriage certificate, though). As soon as we file taxes for 2012, I suppose I can start putting together the packet and maybe even mail it before we even travel. But I don't want to miss any RFEs, dates for interviews, these kind of things. Since I am currently in no rush, I guess waiting until July is not a big deal?

It's good to know that the medical exam is good for a full year. I'll schedule mine as soon as I am able to collect all the documents for my shots that I've had over the years (I don't want to have any unnecessary shots!).

Can you point me to any legal information where it says you can travel during AOS while on H1-B?