In US on work-visa while I130 pending

[joe747 0]

I am really hoping someone in VJ can answer this question or throw some helpful pointers at this. I got married to a USC in January 2015 in India. She came back to US and filed for my Immigration petition (I-130 and G325 forms). She got the NOA1 soon after.

Now I had a pending H1-B through my work(originally filed in 2013) and turns out that worked out and I had the visa interview and cleared that in March 2015. (I did mention that I had a pending I-130 on the consular application form) I flew to USA in March last week. (At port of entry, passport/visa stamped for 2 years)

Now my question is- what happens to the already filed I-130 now? Can I just file an AOS (I485) and if I can, do I file it right away? OR do i wait for the CR-1 process to take its course and reach NVC and then fly back to my home country and attend a consular interview? Or you guys think this is a complicated case that I need an attorney?

Really appreciate some insights.

Edited April 4, 2015 by joe747

[Boiler 43,397]

You could do either.

[joe747 0]

Thanks for your attention, Boiler! Do you happen to know, is one route quicker than the other? And if I were to go AOS route, can I file it right away or need to wait till I130 is approved?

[aaron2020 11,651]

Hi,

File to adjust and get your green card. This is the easiest and least expensive way to go.

Only potential problem is international travel. There will be a 90 days period where you will be waiting for Advance Parole. If you leave without AP, you abandon the AOS. If your employer needs to to go abroad, you will have a problem. So, check to make sure your employer does not anticipate sending you abroad during those 90 days.

Best of luck

[Ryan H 3,790]

Moved from IR-1/CR-1 Process & Procedures to Adjustment of Status from Work, Student, & Tourist Visas forum.

[Hypnos 6,576]

Only potential problem is international travel. There will be a 90 days period where you will be waiting for Advance Parole. If you leave without AP, you abandon the AOS.

OP would be adjusting from H-1B. AP wouldn't be required, as they could travel and re-enter on their H-1B without issue.

[joe747 0]

Its good info..appreciate your inputs.. didnt know abt AP at all. Does EAD apply in my case..bcs H1B also means work authorization...right? I am also tempted to go back to home country and attend consular interview..but not sure if I will lose my job if I am away from work for a while.

[Boiler 43,397]

EAD allows you to work for anyone, but if you do use EAD then you will need AP to travel.