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Marriage based GC - HELP!

By visaseeker1 in Adjustment of Status from Work, Student, & Tourist Visas

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visaseeker1 Newbie

visaseeker1   0

Posted
Filed: Timeline
Posted

Hello,

Some background:

I am a post-graduate working in the US currently on my OPT. My OPT expires in 2.5 months and my employer is going to start my transition to H1b in the coming weeks. Since I was already on H1b before school this will be a simple Change-of-status application. I recently married a US citizen and am planning to start my marriage based greencard soon.

My questions:

1. Do I wait to get on H1b before starting my marriage based GC or can I start it right away?

2. Is there a benefit to either approach? Will I get screwed with international travel if I apply for my H1-b (thus requiring a Visa stamp when returning to the US) and then start my marriage-based GC process.

3. I have the option for having my employer pay for the GC. Any thoughts there?

I need to make a decision here pretty quickly so would appreciate any guidance and/or advise possible.

Thank you

goodbar Explorer

goodbar   1

Posted
Filed: AOS (pnd) Country: Jamaica
 Timeline
Posted (edited)

Hello,

Some background:

I am a post-graduate working in the US currently on my OPT. My OPT expires in 2.5 months and my employer is going to start my transition to H1b in the coming weeks. Since I was already on H1b before school this will be a simple Change-of-status application. I recently married a US citizen and am planning to start my marriage based greencard soon.

My questions:

1. Do I wait to get on H1b before starting my marriage based GC or can I start it right away?

2. Is there a benefit to either approach? Will I get screwed with international travel if I apply for my H1-b (thus requiring a Visa stamp when returning to the US) and then start my marriage-based GC process.

3. I have the option for having my employer pay for the GC. Any thoughts there?

I need to make a decision here pretty quickly so would appreciate any guidance and/or advise possible.

Thank you

OP if you employer has not already filed your H1B for FY 2014, its too late now. They have already reached both cap in just 5 days after accepting petitions. See link here http://www.uscis.gov...000b92ca60aRCRD

So to answer your questions.

1. No do not wait because the H1B is not going to work out for you this year. Get on filing for your GC ASAP that way you can get a new EAD to continue working

2. Being that H1B is out of the picture, make sure to file I-131 (AP) when you send in you AOS package. Once you get this, you can travel.

3. If you can get your employer to pay for your family based GC application, then by ALL means do it! However most employers only pay for employment based GC's which is a different topic and different forum.

Edited by goodbar

I'm the immigrant

F1 => AOS

Married 12.21.12
...............................
4.11.13 Day 0 Mailed AOS Package to Chicago Lockbox via USPS Priority mail (3rd Floor address) (I-130, I-485, I-765)
4.13.13 Day 2 Package arrives at USCIS 10:24am
4.23.13 Day 12 Email and text arrives for all 3 forms 11:45pm EST
4.24.13 Day 13 All 3 money orders cashed

4.29.13 Day 18 NOA hardcopys received for I-130, I-485, I-765

5.3.13 Day 22 Biometric Notice arrives. Appointment date 5/22/13.

5.3.13 Day 22 Walk in Bio successful. No reason given.

5.8.13 Day 27 RFE mailed for I-485

5.13.13 Day 32 RFE Hardcopy received (Tax return for JS and Computerized copy of my BC)

5.23.13 Day 42 RFE Response mailed off to Lee's Summit

5.28.13 Day 47 RFE Package delivered to Lee's Summit

5.31.13 Day 50 I-485 status updated to RFE review

6.4.13 Day 56 Biometrics background check came back clear to USCIS (got this from L2 cust serv)

6.11.13 Day 64 I-485 updated to Testing and Interview (email notification)

6.17.13 Day 70 Faxed a request to NBC to Expedite EAD

6.17.13 Day 70 I-765 updated to Card/Document production

6.19.13 Day 72 Email notification, interview scheduled for July 24th

6.20.13 Day 73 I-765 updated to Card/Document production (2nd Email)

6.21.13 Day 74 I-765 Email notification, Card mailed (no tracking)

6.24.13 Day 77 EAD arrives in mail

7.24.13 Day 107 Interview!!! APPROVED ON THE SPOT

8.02.13 Day 116 Green Card arrived

visaseeker1 Newbie

visaseeker1   0

Posted
Filed: Timeline
  • Author
Posted

Thanks a lot for your answer. It is my understanding that my H1-b transition should not be affected by the cap. I was previously on H1b for 4 years and still have 2 years left. Since I am simply transitioning to the H1-b and have already gone through the cap previously this should not be an issue for me. That said, does your advise on my first two questions change?

Appreciate all your help here! Thanks again.

goodbar Explorer

goodbar   1

Posted
Filed: AOS (pnd) Country: Jamaica
 Timeline
Posted

No my advice is the same, its a quicker safer route to stability. I will check on what you stated and get back to you

I'm the immigrant

F1 => AOS

Married 12.21.12
...............................
4.11.13 Day 0 Mailed AOS Package to Chicago Lockbox via USPS Priority mail (3rd Floor address) (I-130, I-485, I-765)
4.13.13 Day 2 Package arrives at USCIS 10:24am
4.23.13 Day 12 Email and text arrives for all 3 forms 11:45pm EST
4.24.13 Day 13 All 3 money orders cashed

4.29.13 Day 18 NOA hardcopys received for I-130, I-485, I-765

5.3.13 Day 22 Biometric Notice arrives. Appointment date 5/22/13.

5.3.13 Day 22 Walk in Bio successful. No reason given.

5.8.13 Day 27 RFE mailed for I-485

5.13.13 Day 32 RFE Hardcopy received (Tax return for JS and Computerized copy of my BC)

5.23.13 Day 42 RFE Response mailed off to Lee's Summit

5.28.13 Day 47 RFE Package delivered to Lee's Summit

5.31.13 Day 50 I-485 status updated to RFE review

6.4.13 Day 56 Biometrics background check came back clear to USCIS (got this from L2 cust serv)

6.11.13 Day 64 I-485 updated to Testing and Interview (email notification)

6.17.13 Day 70 Faxed a request to NBC to Expedite EAD

6.17.13 Day 70 I-765 updated to Card/Document production

6.19.13 Day 72 Email notification, interview scheduled for July 24th

6.20.13 Day 73 I-765 updated to Card/Document production (2nd Email)

6.21.13 Day 74 I-765 Email notification, Card mailed (no tracking)

6.24.13 Day 77 EAD arrives in mail

7.24.13 Day 107 Interview!!! APPROVED ON THE SPOT

8.02.13 Day 116 Green Card arrived

goodbar Explorer

goodbar   1

Posted
Filed: AOS (pnd) Country: Jamaica
 Timeline
Posted

not all H1B have cap....STEM...

H1B's that fall under STEM are still subject to a cap. Either 65000 or additional 20000 depending on Masters degree vs Bachelors degree.

I'm the immigrant

F1 => AOS

Married 12.21.12
...............................
4.11.13 Day 0 Mailed AOS Package to Chicago Lockbox via USPS Priority mail (3rd Floor address) (I-130, I-485, I-765)
4.13.13 Day 2 Package arrives at USCIS 10:24am
4.23.13 Day 12 Email and text arrives for all 3 forms 11:45pm EST
4.24.13 Day 13 All 3 money orders cashed

4.29.13 Day 18 NOA hardcopys received for I-130, I-485, I-765

5.3.13 Day 22 Biometric Notice arrives. Appointment date 5/22/13.

5.3.13 Day 22 Walk in Bio successful. No reason given.

5.8.13 Day 27 RFE mailed for I-485

5.13.13 Day 32 RFE Hardcopy received (Tax return for JS and Computerized copy of my BC)

5.23.13 Day 42 RFE Response mailed off to Lee's Summit

5.28.13 Day 47 RFE Package delivered to Lee's Summit

5.31.13 Day 50 I-485 status updated to RFE review

6.4.13 Day 56 Biometrics background check came back clear to USCIS (got this from L2 cust serv)

6.11.13 Day 64 I-485 updated to Testing and Interview (email notification)

6.17.13 Day 70 Faxed a request to NBC to Expedite EAD

6.17.13 Day 70 I-765 updated to Card/Document production

6.19.13 Day 72 Email notification, interview scheduled for July 24th

6.20.13 Day 73 I-765 updated to Card/Document production (2nd Email)

6.21.13 Day 74 I-765 Email notification, Card mailed (no tracking)

6.24.13 Day 77 EAD arrives in mail

7.24.13 Day 107 Interview!!! APPROVED ON THE SPOT

8.02.13 Day 116 Green Card arrived

Morningmist Collaborator

Morningmist   76

Posted
Filed: Citizen (pnd) Timeline
Posted

She/he was already subjected to the cap. So she/he doesn't have to undergo it again.

Honestly, it's not your money and if the company wants to do it, let them. Apply for your GC at the same time. It wont affect your application because H1B is dual intent. Having a pending AOS while in H1 is never an issue. If your company can do premium processing you will get your H1 in a week and then you can send your AOS.

Your employer should not pay for your marriage based Green card. That is just unethical. Of course if they are willing then it is between you and them. But I do wonder about how that will go down in the interview.

 
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