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billywilly

Travel while AOS is pending, on H1B visa.

By billywilly in Adjustment of Status from Work, Student, & Tourist Visas

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billywilly Newbie

billywilly   0

Posted
Filed: AOS (pnd) Timeline
Posted

Hi,

I'm currently employed on an H1B visa that's valid till the end of June.

Last year I filed for greencard via EB1 and a national interest waiver route (NIW) and early in January both the petitions were approved.

I'm getting together the documents needed for filing the AOS.

My questions are:

(1) Does the route of petition (EB1 vs. employer sponsored greencard) affect the time the EAD and the actual green card would be issued?

(2) I was initially advised by my lawyer to not move within 6 months of filing for the adjustment of status. Now, I absolutely have to move in July to a new city to take up a new job (that employer will be filing for a 1year extension of my H1B based on my EB1 approval). Should I wait till then to apply for my AOS?

(3) I'm also hearing contradictory messages regarding travel out of the country after filing for AOS. I know that you should be in the country when the USCIS receives the paperwork. I will be out of the country for 2 weeks in March-April. Because my current H1B is valid till June, would that be ok for me to leave and return? Otherwise, should I wait till I get back in country in April to file the AOS petition?

Thanks.

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Brother Hesekiel Mentor

Brother Hesekiel   2,236

Posted
Filed: Other Timeline
Posted (edited)

(1) Perhaps to an insignificantly amount of time.

(2) No. It's January; don't wait 'til July. Do it now.

(3) No problem at all for you to travel internationally, and there's always a larger notification time than 2 weeks.

Edited by Just Bob

There is no room in this country for hyphenated Americanism. When I refer to hyphenated Americans, I do not refer to naturalized Americans. Some of the very best Americans I have ever known were naturalized Americans, Americans born abroad. But a hyphenated American is not an American at all . . . . The one absolutely certain way of bringing this nation to ruin, of preventing all possibility of its continuing to be a nation at all, would be to permit it to become a tangle of squabbling nationalities, an intricate knot of German-Americans, Irish-Americans, English-Americans, French-Americans, Scandinavian-Americans or Italian-Americans, each preserving its separate nationality, each at heart feeling more sympathy with Europeans of that nationality, than with the other citizens of the American Republic . . . . There is no such thing as a hyphenated American who is a good American. The only man who is a good American is the man who is an American and nothing else.

President Teddy Roosevelt on Columbus Day 1915

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