Longer to adjust from work visa?

[slapointe 0]

Is there a way to look at the timelines and figure out if it generally takes longer to do an AOS from a work visa than a K visa? What is people experience? What about different work visas? (I'm on a O-1)

[Cécy 44]

It can be longer but not always, the only thing is you will have an interview without doubts.

I adjusted from a B2, mine took a while but that's because of the 2007 backlog.

Just check your local office's timeline, that's the best you can do.

[mimimimimi 0]

Hello, I am adjusting from H1B work visa. I think the main difference from a fiancee visa is that we will have an AOS interview for sure.

Is there a way to look at the timelines and figure out if it generally takes longer to do an AOS from a work visa than a K visa? What is people experience? What about different work visas? (I'm on a O-1)

[vicmo 1]

Hello, I am adjusting from H1B work visa. I think the main difference from a fiancee visa is that we will have an AOS interview for sure.

"for sure"?? Do you have any sources to back-up that claim?

http://www.usavisacounsel.com/article-116.htm

[vicmo 1]

Is there a way to look at the timelines and figure out if it generally takes longer to do an AOS from a work visa than a K visa? What is people experience? What about different work visas? (I'm on a O-1)

Regarding your question, I think it is more in a case-by-case basis, regardless of your current visa (how convicing and/or complete is your evidence).

http://www.murthy.com/news/UDaospol.html

USCIS does not have different processing times estimates broken down by applicant's visa type, just Employment-Based I-485 or Family-Based I-485

If your case is outside the published processing times by USCIS contact them.

Edited December 11, 2008 by vicmo

[mimimimimi 0]

Hi, I don't have a link, but the immigration specialist who filled my papers told me that he has never seen a case where a beneficiary in work visa did not have any interview. He told me I will have an interview "for sure". But maybe as your link says, some people submit so much evidence and documents that they are not even called for an interview. I certainly hope so!

Do you guys know anyone in VJ on a work visa that had an AOS approved without an interview?

"for sure"?? Do you have any sources to back-up that claim?

http://www.usavisacounsel.com/article-116.htm

[SonoranSongbird 3]

Here is what the link (dated February 2006) says:

With the exception of marriage based filings, as of late the Citizenship and Immigration Service is more frequently approving, without interview, more categories of adjustment of status filings (for those undergoing permanent residence processing in the U.S.). The CIS policy of waiving the interview for “clean” cases was first implemented in recent years, but mainly for employment-based filings – where the basis of the application is a job offer.

As of late, however, it appears this practice is becoming more common for family based filings where the family relationship at issue is clearly established in the file, and there appears to be no question as to the authenticity of the documentation presented.

While there may be exceptions to this that I don't know about, the experience of VJ couples has been that people adjusting status from K visas---who have gone through an interview at a consulate already, therefore putting evidence of their bona fide relationship into the file---have about a 50/50 chance of being transferred to CSC and not having an interview. People who adjust from other visa types have not already convinced a consular official of their bona fide relationship, and I am aware of no AOS filers from other visa types who have been approved without an interview. That does not contradict the link, which really only tells me that 3 years ago, more of the K visa AOS applicants had interviews.

To answer the OP's question: how long it takes really depends on your local office. People with timelines similar to ours who did not get transferred to CSC have (or had) interview dates ranging from late November to mid February.