H1B to GreenCard through marriage

[Kumarp200 1]

I am new to this forum and I apologize in advance if the topic has already been discussed, if yes kindly direct me.

 

I am working in US on H1B visa which will expire in Jan 2021 (I would still have 15 months left to extend it). I am marrying a US citizen who lives in US as well. We are planning to travel out of country in Oct 2020, this will be after marriage.

 

I have looked various forums and sites to find a detailed process for H1B applying for GC. I would list out from what I have understood, please correct and fill in the missing.

1. File I-130 and I-485 in a single package

2. On the basis of which I will get authorization to work and travel (think it is called EAD as well)

3. GC interview and wait for approval

 

Questions:

1. Do i need to file any other forms apart from mentioned above?

2. Do i need to file Adjustment of Status as well?

3. Will I be able to travel based on EAD and enter back in US?

4. What happens if I am working on EAD and GC gets rejected (preparing for worst case scenario)?

[arken 4,197]

7 minutes ago, Kumarp200 said:

I am new to this forum and I apologize in advance if the topic has already been discussed, if yes kindly direct me.

 

I am working in US on H1B visa which will expire in Jan 2021 (I would still have 15 months left to extend it). I am marrying a US citizen who lives in US as well. We are planning to travel out of country in Oct 2020, this will be after marriage.

 

I have looked various forums and sites to find a detailed process for H1B applying for GC. I would list out from what I have understood, please correct and fill in the missing.

1. File I-130 and I-485 in a single package

2. On the basis of which I will get authorization to work and travel (think it is called EAD as well)

3. GC interview and wait for approval

 

Questions:

1. Do i need to file any other forms apart from mentioned above?

i765 for EAD and i131 for AP, free to file and good for backup. you don’t get EAD without submitting i765.

I864 from your spouse

 

7 minutes ago, Kumarp200 said:

2. Do i need to file Adjustment of Status as well?

i485 that you’ll be filing along with i130 is for Adjustment of Status

 

7 minutes ago, Kumarp200 said:

3. Will I be able to travel based on EAD and enter back in US?

You can travel back to US on your existing H1 if you are maintaining H1. If you plan to ditch H1 for EAD, you can travel back to US on AP not EAD.

 

7 minutes ago, Kumarp200 said:

4. What happens if I am working on EAD and GC gets rejected (preparing for worst case scenario)?

If you work on EAD and GC gets rejected, you will no longer be in valid status, your EAD will no longer be valid as well and you will probably get a notice to appear on the court for removal proceedings.

[Kumarp200 1]

4 minutes ago, arken said:

If you work on EAD and GC gets rejected, you will no longer be in valid status, your EAD will no longer be valid as well and you will probably get a notice to appear on the court for removal proceedings.

Then should I not apply for EAD and just stay on H1B until GC gets approved?
What are the chances if everything is legat and have been filed properly/correctly?

[USS_Voyager 1,971]

8 minutes ago, Kumarp200 said:

1. Do i need to file any other forms apart from mentioned above?

These are technically optional (especially for you, since you have H1B), but highly recommended: I-765 (EAD) and I-131 (AP- Advanced Paroled-Travel documents). They are free while filing together with the I-485. These are should be filed together with the I-485 and I-130. You can send everything in one package, but treat each form as a separate thing and attached their respective supporting documents with it. 

 

18 minutes ago, Kumarp200 said:

2. Do i need to file Adjustment of Status as well?

The I-485 is Adjustment of status (AOS)

 

18 minutes ago, Kumarp200 said:

3. Will I be able to travel based on EAD and enter back in US?

The AP is what will allow you back to the US. If file together with EAD, most likely you will get what's called a combo card (both EAD and AP in one card). It looks like a typical EAD but has the endorsement "valid as an Advanced Paroled" as well.

 

You are in a special circumstance because you also have you H1B. As long as your H1B visa is valid, you can travel on H1B without filing EAD/AP and without abandoning your AOS. Most people don't have that. So in your case, EAD/AP is just a second layer of protection should you lose your H1B job or something. 

22 minutes ago, Kumarp200 said:

4. What happens if I am working on EAD and GC gets rejected (preparing for worst case scenario)?

Then you are out of status and they will tell you that you need to leave the US. 

[USS_Voyager 1,971]

1 minute ago, Kumarp200 said:

Then should I not apply for EAD and just stay on H1B until GC gets approved?

No, apply EAD/AP anyway. Applying for EAD/AP does not invalidate your H1B. On the other hands, what if you lose your job on H1B, then you don't have another work authorization. If you have EAD, you can immediately work for a different employer. EAD is an unrestricted work permit that allows you to work for any employer. 

[Kumarp200 1]

23 minutes ago, USS_Voyager said:

No, apply EAD/AP anyway. Applying for EAD/AP does not invalidate your H1B. On the other hands, what if you lose your job on H1B, then you don't have another work authorization. If you have EAD, you can immediately work for a different employer. EAD is an unrestricted work permit that allows you to work for any employer. 

Will I be able to switch jobs based on EAD once I get the authorization? As soon as I start working on EAD will that make my H1B invalid?

[USS_Voyager 1,971]

Just now, Kumarp200 said:

Will I be able to switch jobs based on EAD once I get the authorization? 

Yes

 

Just now, Kumarp200 said:

As soon as I start working on EAD will that make my H1B invalid?

Well, H1B is employer-specific, you can only work for that employer. Without EAD, you cannot work for a different employer. If you have EAD, then you can work for a different employer. In that case, I am not sure "invalid" is the right word, but H1B is kind of becoming insignificant because you're not working for that H1B employer anymore. I guess I am not really what are you asking? 

[Kumarp200 1]

18 minutes ago, USS_Voyager said:

Yes

 

Well, H1B is employer-specific, you can only work for that employer. Without EAD, you cannot work for a different employer. If you have EAD, then you can work for a different employer. In that case, I am not sure "invalid" is the right word, but H1B is kind of becoming insignificant because you're not working for that H1B employer anymore. I guess I am not really what are you asking? 

I am just asking so many questions as I want to switch jobs asap and I will only be able to do with EAD but I am also worried of worst case scenario.

[USS_Voyager 1,971]

1 minute ago, Kumarp200 said:

I am just asking so many questions as I want to switch jobs asap and I will only be able to do with EAD but I am also worried of worst case scenario.

Then the only way is to get another H1B sponsoring employer.

 

However, why are you that worried? The EAD/AP is based on the marriage and if it's real, there is nothing to worry about. You just need to start gathering evidence of a bona fide marriage relationship: financial commingling, co-habitation, ... and you'll be fine. 

 

Looks like you still have a way to go, as you're not married yet. You need to get married and file, and wait. EAD/AP is taking 6-8 months right now. 

[arken 4,197]

if you use EAD for employment, then you will no longer be in H1 B status, that means if your GC is denied you will no longer be in status.

 

If you maintain H1, even if your GC gets denied, you will still be in valid H1 status.

 

if your marriage is bonafide and you have or will have good evidences to support it, i don’t think your i485 would be rejected so you can freely use EAD for any employers you want.

[Ay2019 21]

6 hours ago, USS_Voyager said:

These are technically optional (especially for you, since you have H1B), but highly recommended: I-765 (EAD) and I-131 (AP- Advanced Paroled-Travel documents). They are free while filing together with the I-485. These are should be filed together with the I-485 and I-130. You can send everything in one package, but treat each form as a separate thing and attached their respective supporting documents with it. 

 

The I-485 is Adjustment of status (AOS)

 

The AP is what will allow you back to the US. If file together with EAD, most likely you will get what's called a combo card (both EAD and AP in one card). It looks like a typical EAD but has the endorsement "valid as an Advanced Paroled" as well.

 

You are in a special circumstance because you also have you H1B. As long as your H1B visa is valid, you can travel on H1B without filing EAD/AP and without abandoning your AOS. Most people don't have that. So in your case, EAD/AP is just a second layer of protection should you lose your H1B job or something. 

Then you are out of status and they will tell you that you need to leave the US. 

@USS_Voyager

I have a question for if I may ask. I am on F1 and waiting for my AOS, AS and EAD to be processed. With my F1, am I able to travel back to my county without abandoning my AOS?  Is there any risk?  I submitted all the paperwork in June but so far nothing happened.  My husband and I wanted to visit my family in December. Thank you!

[Kumarp200 1]

6 hours ago, USS_Voyager said:

You are in a special circumstance because you also have you H1B. As long as your H1B visa is valid, you can travel on H1B without filing EAD/AP and without abandoning your AOS. Most people don't have that. So in your case, EAD/AP is just a second layer of protection should you lose your H1B job or something. 

@USS_Voyager

Since H1B extension has to be filed 6 months before expiry so can my extension of H1B affect my process of GC in the scenario where I have not received EAD or combo card?

 

[USS_Voyager 1,971]

42 minutes ago, Ay2019 said:

With my F1, am I able to travel back to my county without abandoning my AOS? 

Unfortunately, no. Only people in H and L classifications can leave the US while AOS is pending without abandoning AOS. Sorry, you have to remain in the US until you have AP to travel.

[USS_Voyager 1,971]

42 minutes ago, Kumarp200 said:

@USS_Voyager

Since H1B extension has to be filed 6 months before expiry so can my extension of H1B affect my process of GC in the scenario where I have not received EAD or combo card?

 

No, the two processes are completely different and independent from each other.

 

Edited November 8, 2019 by USS_Voyager

[Ay2019 21]

Thank you for your response. It’s unfortunate but it is what it is... have a nice weekend.