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Filed: Country: India
Timeline
Posted

I got married and received the certificate. Now starting to prepare the forms / package.

Quick question: can I send I-693 after submitting all the other forms. The reason I am asking this is because my H1B status is going to go away soon.

Other option is to file for B2 (visitor visa), get the medical exams and then submit the whole package (including I-693).

Advice / suggestions?

AOS from H1B

--------------------

04/2/09: Filed I-130, I-485, EAD, AP

04/13/09: Received NOA for all the forms

04/16/09: Received biometrics appointment

Filed: AOS (apr) Country: Dominica
Timeline
Posted
I got married and received the certificate. Now starting to prepare the forms / package.

Quick question: can I send I-693 after submitting all the other forms. The reason I am asking this is because my H1B status is going to go away soon.

Other option is to file for B2 (visitor visa), get the medical exams and then submit the whole package (including I-693).

Advice / suggestions?

i would opt to send all of them at once.

********************************************

*10/1/08 Married

*11/14/08 Mailed AOS package

*11/17/08 Package Received

*11/25/08 NOA1

*12/12/08 Biometrics

*12/31/08 Notice for Interview Received

* 1/22/09 EAD Card received

*2/19/09 AOS Interview >>Approved

*2/26/09 Welcome letter received

*3/5/09 Green Card received in the mail!!!

Filed: Country: India
Timeline
Posted
Other option is to file for B2 (visitor visa), get the medical exams and then submit the whole package (including I-693).

this I do not understand, why do you need a B2?

So that I won't go out of status. If my H1B expires what status am I supposed to be on?

AOS from H1B

--------------------

04/2/09: Filed I-130, I-485, EAD, AP

04/13/09: Received NOA for all the forms

04/16/09: Received biometrics appointment

Filed: AOS (apr) Country: Philippines
Timeline
Posted
Other option is to file for B2 (visitor visa), get the medical exams and then submit the whole package (including I-693).

this I do not understand, why do you need a B2?

So that I won't go out of status. If my H1B expires what status am I supposed to be on?

How do you expect to get a B2 while you are here in the USA? A visa is something you need to enter a country not to stay... unless of course you leave and then re-enter....

YMMV

Filed: Country: India
Timeline
Posted (edited)
Other option is to file for B2 (visitor visa), get the medical exams and then submit the whole package (including I-693).

this I do not understand, why do you need a B2?

So that I won't go out of status. If my H1B expires what status am I supposed to be on?

How do you expect to get a B2 while you are here in the USA? A visa is something you need to enter a country not to stay... unless of course you leave and then re-enter....

H1B to B2 is a very normal visa transfer w/o leaving the country. A lot of laid off employees have done it recently and are doing it even now. Even big law firms are advising it.

Edited by kumar1234

AOS from H1B

--------------------

04/2/09: Filed I-130, I-485, EAD, AP

04/13/09: Received NOA for all the forms

04/16/09: Received biometrics appointment

Posted

Like my partner FRJ says, send the whole package, if you don't, USCIS is known to lose

documents very easily & they are gonna ask again by sending a RFE.

It does not matter what kind of nonimmigrant visa you have when you apply for AOS as long as

you have entered to this country with inspection.

GOOD LUCK !......

HERE IS MY TIMELINE :

I-130 mailed 01/13/09

I-130 received by USCIS 01/16/09

NOA1 Mail for I-130 received 01/22/09

I-485 Package mailed 02/17/09

I-485 Package received by USCIS 02/20/09

NOA1 Mail for I-485 & I-765 received 02/26/09

NOA2 e-mail for I-130 Approval 03/03/09 (47 Days)

NOA2 Hard Copy of I-130 Approval received 03/07/09

Biometrics App. Mail Notice received 03/09/09 (App. Date 03/24/09)

NOTE : I DID NOT APPLY FOR I-131 (AP).

"Patience is the key to the paradise (US Citizenship, in our case)"

Filed: Country: India
Timeline
Posted
Like my partner FRJ says, send the whole package, if you don't, USCIS is known to lose

documents very easily & they are gonna ask again by sending a RFE.

It does not matter what kind of nonimmigrant visa you have when you apply for AOS as long as

you have entered to this country with inspection.

GOOD LUCK !......

HERE IS MY TIMELINE :

I-130 mailed 01/13/09

I-130 received by USCIS 01/16/09

NOA1 Mail for I-130 received 01/22/09

I-485 Package mailed 02/17/09

I-485 Package received by USCIS 02/20/09

NOA1 Mail for I-485 & I-765 received 02/26/09

NOA2 e-mail for I-130 Approval 03/03/09 (47 Days)

NOA2 Hard Copy of I-130 Approval received 03/07/09

Biometrics App. Mail Notice received 03/09/09 (App. Date 03/24/09)

NOTE : I DID NOT APPLY FOR I-131 (AP).

Hi Cino,

Quick question - if my H1B expires and I go out of status can I still wait for some days before sending my AOS package? Or do I have to be on a legal visa status when I am sending the package?

Many thanks!

AOS from H1B

--------------------

04/2/09: Filed I-130, I-485, EAD, AP

04/13/09: Received NOA for all the forms

04/16/09: Received biometrics appointment

Posted

You can overstay on any type of visa If you are married to USC.

There is no penalty for that. Only difference is If you are overstayer, you can not leave the country &

try to enter to US with I-131 (AP) during your AOS pending. There is a 3/10 year bar for that.

So, If you are overstayer, don't even bother to file I-131 with 485 package.

My situation is like that, look at my timeline closely please.

GOOD LUCK !....

HERE IS MY TIMELINE :

I-130 mailed 01/13/09

I-130 received by USCIS 01/16/09

NOA1 Mail for I-130 received 01/22/09

I-485 Package mailed 02/17/09

I-485 Package received by USCIS 02/20/09

NOA1 Mail for I-485 & I-765 received 02/26/09

NOA2 e-mail for I-130 Approval 03/03/09 (47 Days)

NOA2 Hard Copy of I-130 Approval received 03/07/09

Biometrics App. Mail Notice received 03/09/09 (App. Date 03/24/09)

NOTE : I DID NOT APPLY FOR I-131 (AP).

"Patience is the key to the paradise (US Citizenship, in our case)"

Filed: Country: India
Timeline
Posted
You can overstay on any type of visa If you are married to USC.

There is no penalty for that. Only difference is If you are overstayer, you can not leave the country &

try to enter to US with I-131 (AP) during your AOS pending. There is a 3/10 year bar for that.

So, If you are overstayer, don't even bother to file I-131 with 485 package.

My situation is like that, look at my timeline closely please.

GOOD LUCK !....

HERE IS MY TIMELINE :

I-130 mailed 01/13/09

I-130 received by USCIS 01/16/09

NOA1 Mail for I-130 received 01/22/09

I-485 Package mailed 02/17/09

I-485 Package received by USCIS 02/20/09

NOA1 Mail for I-485 & I-765 received 02/26/09

NOA2 e-mail for I-130 Approval 03/03/09 (47 Days)

NOA2 Hard Copy of I-130 Approval received 03/07/09

Biometrics App. Mail Notice received 03/09/09 (App. Date 03/24/09)

NOTE : I DID NOT APPLY FOR I-131 (AP).

What if I file when I am on status but go out of status few days after filing? Would I still be an overstayer or would I be eligible for international travel?

AOS from H1B

--------------------

04/2/09: Filed I-130, I-485, EAD, AP

04/13/09: Received NOA for all the forms

04/16/09: Received biometrics appointment

Posted

It depends on Notice Date of NOA of AOS. If you are still holding a valid visa

on Notice Date of NOA, then you are fine.

You can apply for I-131 (AP) & travel abroad & re-enter to US while your AOS pending,

but in some cases you don't even need AP, because GC comes earlier than AP and/or EAD.

Everything depends on your luck, how well your application goes.

GOOD LUCK !.....

"Patience is the key to the paradise (US Citizenship, in our case)"

 
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