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H1b To Green Card Through Marriage - Help

Discussion in 'How to start the green card process' started by Jhonn, Jun 16, 2015.

  1. Jhonn

    Jhonn New Member

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    We just got married this week and I'm on an H1-B. I'd like to know how to start the green card process and the forms I need to fill out.

    Also, I might get laid off at the end of this month from my current position so I was wondering if this would interfere with the process or if I should start ASAP?

    My H1-B period expires in 2017 but my current visa is expired. I changed from L1 to H1-B in 2013 and the visa expired 2014 (since it's only valid for a year). My lawyer told us that there's an agreement between Mexico and the US that if you travel for <30 days, your visa doesn't have to be renewed as long as your H1B period is valid. If needed to travel for >30 days to Mexico or Canada, then I'd need to renew it. Hopefully this is correct.

    Also... if I want to start working for another Company do I need to wait until I get my EAD? and if so, how long could this take? Can the new Company continue to sponsor my current H1B until I get my EAD?

    I apologize in advance if any of these questions have been asked before, I'm new to this forum.

    I'd highly appreciate all your help!

    Thanks
     
  2. Ron Gotcher

    Ron Gotcher Attorney at Law

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    You have to discuss this with your lawyer. I can't comment on cases where people are represented by counsel.
     
  3. Jhonn

    Jhonn New Member

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    Sorry, my bad. The lawyer represents the Company I work for, and they helped me with the L1/H1B visa as required by my employer. They cannot help me with my green card process through marriage since they would have to represent me and not the Company. I don't have a lawyer.
     
  4. Ron Gotcher

    Ron Gotcher Attorney at Law

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    Is your spouse a U.S. citizen?
     
  5. Jhonn

    Jhonn New Member

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  6. Ron Gotcher

    Ron Gotcher Attorney at Law

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    File a combined I-130/I-485. Apply for an EAD/AP combo card at the same time. Once your AOS is on file, your status doesn't really matter since you are an immediate relative of a U.S. citizen.
     
  7. Jhonn

    Jhonn New Member

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    Ron, thank you very much for your replies. From an employer perspective, if I haven't received my EAD, would they have to sponsor my H1B visa until I receive it? Or as soon as I submit my AOS I can start looking for a job as resident? I'm asking because if I want to change jobs before I get my EAD I wouldn't want to get in troubles with my new employer. I highly appreciate your responses
     
  8. Ron Gotcher

    Ron Gotcher Attorney at Law

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    That is a decision only your employer can make. Do they want to spend a lot of money on an H that will only be used for a few months?
     
  9. Jhonn

    Jhonn New Member

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    I was under the impression that the H1B sponsorship was a small fee ($1.5 ~ $2k)?
     
  10. Ron Gotcher

    Ron Gotcher Attorney at Law

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    For a company with more than 25 employees, it is $2,325 in filing fees, plus attorney's fees.
     
  11. Jhonn

    Jhonn New Member

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    Ron quick follow up question, this might totally change my plans. I was let go from my Company today and I haven't submitted the I-130/I-485 yet, is there something else that I'd need to know before submitting it? Am I still allowed to do so? Thank you very much for your reply.
     
  12. Ron Gotcher

    Ron Gotcher Attorney at Law

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    No, you are OK. Just file the AOS package as soon as you are ready and don't worry about it.
     

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