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AOS from H1B - should I apply for AP in case I lose my H1B?

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Filed: Timeline

Hi all - I think I posted this in the wrong forum - so here is my question again - please help!

I am preparing my forms for AOS from H1B (my husband is a USC). I am currently working here in the US with my H1B visa, but am unsure as to how long I will have this job (and therefore this visa..). Should I include an AP with my application just to have the papers in case my H1B terminates before I get the GC? If I receive the AP, can I still use my H1B for travel? I have no specific plans to travel, but I want to be able to do so if I need, and since I am already paying for the AP in the I-485 packet I thought I could include it there. Does this make sense - or is it a bad idea?

This is my last form - and then I can file my AOS - woo hoo!

Thanks for any suggestions you may have regarding the AP!

AOS from H1B

5/18/09 Filed I-485 concurrently with I-130 and I-765 (arrives at Chicago lockbox)

5/22/09 Checks cashed

5/26/09 First NOAs arrive - dated 5/22/09

5/28/09 Can see my case status online!

6/5/09 Get biometrics appointment letter by mail (for June 16)

6/9/09 Touched! (I-130 and I-765)

6/16/09 Biometrics done!

6/17/09 Touched (I-765 and I-485)

6/24/09 EAD card production ordered

More more! Faster please!

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Filed: Citizen (pnd) Country: England
Timeline
Hi all - I think I posted this in the wrong forum - so here is my question again - please help!

I am preparing my forms for AOS from H1B (my husband is a USC). I am currently working here in the US with my H1B visa, but am unsure as to how long I will have this job (and therefore this visa..). Should I include an AP with my application just to have the papers in case my H1B terminates before I get the GC? If I receive the AP, can I still use my H1B for travel? I have no specific plans to travel, but I want to be able to do so if I need, and since I am already paying for the AP in the I-485 packet I thought I could include it there. Does this make sense - or is it a bad idea?

This is my last form - and then I can file my AOS - woo hoo!

Thanks for any suggestions you may have regarding the AP!

I wondered that myself - I am a L1B, currently with AOS pending, however I have switched employers and still have my L1 visa stamp in my passport.

Ignoring the legality of using the L1B to re-enter the US, is the employer obligated to inform USCIS that my L1B status is no longer valid? Just curious.

@shee: I'd apply for the AP, there is no harm in doing so - its included in the cost of the I485 so why not?

5-13-09: Green card approved.

6-24-09: Received green card.

8-13-11: Received 10-year green card.

2-21-12: Sent N-400 to Dallas Lock box.

7-18-12: Naturalization interview (passed!).

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Hi all - I think I posted this in the wrong forum - so here is my question again - please help!

I am preparing my forms for AOS from H1B (my husband is a USC). I am currently working here in the US with my H1B visa, but am unsure as to how long I will have this job (and therefore this visa..). Should I include an AP with my application just to have the papers in case my H1B terminates before I get the GC? If I receive the AP, can I still use my H1B for travel? I have no specific plans to travel, but I want to be able to do so if I need, and since I am already paying for the AP in the I-485 packet I thought I could include it there. Does this make sense - or is it a bad idea?

This is my last form - and then I can file my AOS - woo hoo!

Thanks for any suggestions you may have regarding the AP!

You can apply for the AP anytime, you don't have to send it in with the initial AOS (and it's free as long as you applying for the AOS/NOA). However, you can get the AP now.

Yes - if the H1B is still valid, you can use it.

My Advice is usually based on "Worst Case Scenario" and what is written in the rules/laws/instructions. That is the way I roll... -Protect your Status - file before your I-94 expires.

WARNING: Phrases in this post may sound meaner than they were intended to be. Read the Adjudicator's Field Manual from USCIS

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