Stinnett, TX Immigration Law Firms & Lawyers

Generally, in this situation, you need tile form I-485 and the other related forms and supporting documents. Feel free to contact me if you would like the assistance of a board certified immigration lawyer.

I suggest that the premium processing fee be paid to U.S.C.I.S. to expedite the adjudication of your H-1B amendment prior to your leaving the US. Such action could alleviate all your concerns concerning return to the country after a trip abroad. U.S.C.I.S. will reach the case for adjudication within 15 calendar days after receiving the premium processing request on form I-907 with filing fee of $1225. Coming back to the US when an H-1B amendment is in progress raises questions such as who you actually intend to work for when you come back; whether you should remain overseas until the H-1B amendment is approved; the extent of the change of circumstances requiring the amended petition, etc.Due to the limitations of the Lawyers.com Forums, Alan Lee, Esq.'s (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.  

There is no financial requirement for an I-130. Of course, if it gets approved, you'd have to do an affidavit of support when she adjusts or consular processes, and in that case, your income would need to be above the poverty level, or you'd need co-sponsor.