I'm currently on H1b valid through 2017 and Visa sticker valid through end of 2015. I just got married and my spouse is a US citizen. I'm wondering if I should apply for the green card (both 130&485) now or after my upcoming international trip in a month?
Any suggestions would be appreciated.
Thank you.
You may travel internationally with a valid H-1B visa while the I-130/I-485 are pending. However, you may wish to file until after your return. You will receive biometrics notices shortly after filing and may miss the appointment if overseas, which can lead to a denial if the I-485 for abandonment.
I tend to agree more with Attorney Barlow. If you have a valid H-1 visa, then the law and current practice does allow you to travel, even with an I-485 filed and pending. You can also file for an Advance Parole simultaneously with your I-485, but that will take some time and must be supported by biometrics (fingerprints)If this is a vital trip of short duration, then. I have seen client's get their fingerprint appointment notices within 30 days after filing. Keep in mind that Attorney Barlow is also correct in point out that failure to get biometrics can result in delay or denial of your Application, but rarely after missing just one appointment. It all comes down to questions of priority of the trip. If this is just one vital trip of short duration, then I would believe it better to travel first, then file for AOS. But you should consult a local immigration attorney familiar with USCIS District Office practices just to cover all relevant issues.
You can travel on your H-1B either before or after your AOS application is filed. An H-1B is a dual intent visa - which means you can have an intent to stay in the U.S. temporarily OR permanently. I agree with my colleagues that when you file for the AOS, make sure you hire an experienced immigration attorney who will also file your AP properly. The results of an EAD and AP come back in about 90 days and 120 days respectively. The problem will be if you file your AOS before travel, then you travel outside the U.S. and your biometrics is scheduled for a time you are outside U.S. It is usually not a big deal if you miss the first appointment for biometrics - you can go anytime thereafter and still give them your fingerprints etc. Additionally, note that after filing an immigration application, the application might be considered terminated or abandoned if you travel outside the U.S. The safest option will be to apply after you come back from your trip. Please at least talk to an immigration attorney over an initial consult which will cost only about a hundred or so but will resolve all these issues for you. The lawyer will discuss all the different options and help you decide on the best route possible after a thorough conversation regarding this. Good luck!
