Expiration date of USCIS status

[alsk 0]

Hi Folks,

I am completing my I-485 form. One of the items is Current USCIS status, and then they ask for "Expires on". I am on a H1B visa. My status on an H1B expires on July 2010, but my VISA expires on June 2009 ( I would have to just go to the consulate and stamp another visa valid for another year). On the VISA, is state Expiration date on June 2009, but then there is a PED 30July2010. (which would be the actual date of my USCIS status expiration).

Which of the 2 dates should I put on the I485 form, where they ask for USCIS status expiration???

Thanks

!!!

[YuAndDan 153]

Expiration is not visa expiration, it is the date that you would be in an over-stay situation. July 2010.

Apply for AP document (I-131) this will allow re-entry, NO visa renewal needed. NOTE: AP may be needed anyway, only a few visas like K-3 will preserve AOS status if you leave the USA while AOS is processing.

Moving to AOS from Work/Visitor/Student visa.

Edited February 13, 2009 by YuAndDan

[alsk 0]

Expiration is not visa expiration, it is the date that you would be in an over-stay situation. July 2010.

Apply for AP document (I-131) this will allow re-entry, NO visa renewal needed. NOTE: AP may be needed anyway, only a few visas like K-3 will preserve AOS status if you leave the USA while AOS is processing.

Moving to AOS from Work/Visitor/Student visa.

Thanks for the reply. So the expiration day should be the date they put on my I-94 then?

[YuAndDan 153]

Expiration is not visa expiration, it is the date that you would be in an over-stay situation. July 2010.

Apply for AP document (I-131) this will allow re-entry, NO visa renewal needed. NOTE: AP may be needed anyway, only a few visas like K-3 will preserve AOS status if you leave the USA while AOS is processing.

Moving to AOS from Work/Visitor/Student visa.

Thanks for the reply. So the expiration day should be the date they put on my I-94 then?

Yes.

Also start with this guide: http://www.visajourney.com/forums/index.ph...page=i130guide2

I-485 is coded "A" based on the attached I-130.

Edited February 13, 2009 by YuAndDan

[Neophyte282 0]

What if you didn't get an I-94? I am Canadian and came into the States with a B2 Visa on Jan 16.

[YuAndDan 153]

What if you didn't get an I-94? I am Canadian and came into the States with a B2 Visa on Jan 16.

Did you enter the USA with the INTENT to stay? If so this is visa fraud, and should consider filing for a proper visa such as K-1 or marry first and file for a CR-1 visa.

USCIS ALWAYS interviews persons who use the Visitors visa like it was a K-1. If they suspect visa abuse, they can and do deny AOS, and deport. This can then subject you to a bar on future entries.

Edited February 14, 2009 by YuAndDan

[Neophyte282 0]

No, please see my thread here on the subject.

http://www.visajourney.com/forums/index.php?showtopic=176093