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I 485 sent just in time

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Filed: Citizen (apr) Country: China
Timeline

Hi VJ members,

I just want to thank all the members for your help. I just mailed my package today. So now the waiting game begins.

My background is I came to the US as an F1 student. Graduated and worked at a company that's sponsoring for my H1B visa. I was married 6 months later to a US citizen and now i just submitted my application for AOS. However, today, I just received a notice from my employer that My H1B visa isn't looking so promising after USCIS requested for a 2nd RFE.

But my question is that my H1B isn't going to matter anymore if I receive my EAD from the I-485 application right? If that's the case, I guess I won't bother to submit the 2nd RFE anymore for my H1B. I'll just wait until i get my EAD from I-485 application.

Has anyone came across the same situation as me?

Adjusting from F1 student - greencard

12/16/2011- Married

03/15/2012- Finalizing AOS package I-130 and I-485.

03/16/2012- Prepare to mail to USCIS

06/12/2012- Received GC

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Hi VJ members,

I just want to thank all the members for your help. I just mailed my package today. So now the waiting game begins.

My background is I came to the US as an F1 student. Graduated and worked at a company that's sponsoring for my H1B visa. I was married 6 months later to a US citizen and now i just submitted my application for AOS. However, today, I just received a notice from my employer that My H1B visa isn't looking so promising after USCIS requested for a 2nd RFE.

But my question is that my H1B isn't going to matter anymore if I receive my EAD from the I-485 application right? If that's the case, I guess I won't bother to submit the 2nd RFE anymore for my H1B. I'll just wait until i get my EAD from I-485 application.

Has anyone came across the same situation as me?

That is correct, once you have your EAD from the I-751, it doesn't matter.

Technically speaking, once you have submitted your I-130/AOS via your wife and have received your I-797, then your H1B status means very little since you have now in "pending status".

Edited by ChrisPG

Background Information

-Dec 2006: Arrived with an F1 visa

-Dec 2007: Met USC.

-Dec 2009: Got Engaged.

-Jan 2010: Fell out of Status.

-Oct 2010: Married USC.

-Feb 2012: Filed I-130/AOS

I-130/AOS Timeline

Day 0: 02/25/12: Mailed concurrent I-130/AOS Package to the Chicago Lockbox

Day 2: 02/27/12: Package arrived at the Chicago Lockbox.

Day 5: 03/01/12: Email acceptance confirmation received for Forms: I-130, I-485 & I-765.

Day 13: 03/09/12: NOA1s received for Forms: I-130, I-485 & I-765. Biometrics letter also received and scheduled for March 27th.

Day 24: 03/20/12: Email notification for RFE.

Day 27: 03/23/12: Hardcopy RFE received in the mail.

Day 31: 03/27/12: Biometrics completed.

Day 40: 04/05/12: Mailed off the RFE.

Day 44: 04/09/12: RFE Delivered.

Day 46: 04/11/12: USCIS received RFE and case updated online.

Day 55: 04/20/12: EAD approved!

Day 60: 04/25/12: Received 2nd "EAD in Production" Email.

Day 61: 04/26/12: EAD Mailed.

Day 63: 04/28/12: EAD in hand!

Day 74: 05/09/12: Interview date scheduled for June 12th.

Day 75: 05/10/12: Interview letter in hand.

Day 108: 06/12/12: Interview.

Day 110: 06/14/12: Received I-485 & I-130 approval emails.

Day 114: 06/18/12: Received I-130 & I-485 Approval hardcopies.

Day 115: 06/19/12: Received GC in production email.

Day 116: 06/20/12: Received "GC mailed" & "USPS picked up your GC" emails.

Day 118: 06/22/12: GC arrived in the mail

March 16th 2014: Eligible to file ROC.

March 16th 2015: Eligible to file for naturalization.

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Filed: Lift. Cond. (apr) Country: China
Timeline

You will have moved up a notch in the immigration ladder.

In Arizona its hot hot hot.

http://www.uscis.gov/dateCalculator.html

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You may also want to withdraw your work based AOS app as I'm not sure you can do both (work & marriage based AOS) @ the same time.

Edited by ClassyBee

 

AOS for Parent (From B1/B2 visa)

12/14/2016 Day 01 AOS Package delivered @ Chicago lockbox (Mailed out 12/14/2016)
12/27/2016 Day 13 E-notification for I-130, I-131, I-485, I-765 NOAs (check cashed 12/22)

12/31/2016 Day 17 I-130, I-131, I-485, I-765 NOAs delivered
01/07/2017 Day 24 Received Bio metric letter(I-765 & I-485) set for January 18 (Day 35)

04/10/2017 Day 117 E-notification Card Production for EAD(I-765) & AP(I-131) approval
04/20/2017 Day 127 Received EAD & AP combo card

06/02/2017 Day 170 E-notification for AOS (I-485) Interview July 7, 2017 @ Phoenix

07/07/2017 Day 205 AOS approved on the spot. {E-alerts: Card production on                             07/10/2017 Day 208 E-notifications: I-130 & I-485 approvals  "We mailed card.." (07/12)}

07/14/2017 Day 212 GC delivered

Click tab below to show more

 

Married  01/06/2012

AOS from F-1

02/13/2012 Day 00 Mailed AOS Package to USICS Chicago lockbox
02/14/2012 Day 01 AOS Package delivered @ Chicago lockbox
02/21/2012 Day 08 E-notification for I-130, I-131, I-485, I-765 NOAs
03/19/2012 Day 35 Received ASC Bio appointment letter(I-765 & I-485) set for April 5 (Walk-in 03/19)
04/05/2012 Day 52 E-notification for AOS (I-485) Interview set for May 7, 2012
04/1 1/2012 Day 58 E-notification Card Production for EAD(I-765) & AP(I-131) approval
04/20/2012 Day 67 Received EAD & AP combo card
05/07/2012 Day 84 AOS(I-485) Interview, No decision on the spot. E-notification for approval next day
05/16/2012 Day 93 Conditional Green card received
ROC
02/08/2014 Day 00 Mailed ROC Package to USCIS CSC
02/12/2014 Day 04 I-751 Payment Check drawn from account
02/14/2014 Day 06 Received NOA1 letter dated 02/10/2014
02/21/2014 Day 13 Received ASC Bio appointment letter set for 03/07/14
05/28/2014 Day 109 E-notification for ROC approved
06/04/2014 Day 116 10 year Green card received

Naturalization
03/11/2015 Day 00 Mailed N400 Package to Phoenix Lock-Box
03/16/2015 Day 05 E-notification for N400 NOA
03/21/2015 Day 10 Received NOA letter dated 03/16/2015
03/27/2015 Day 16 Received ASC Bio appointment letter set for 04/07/15
04/09/2015 Day 29 In line for N400 Interview
06/1 1/2015 Day 92 Received N-400 Interview letter set for 07/14/15
07/14/2015 Day 125 Naturalization Interview (Recommended for Approval)

08/12/2015 Day 154 Received Oath Ceremony letter set for 09/09/2015

09/09/2015 Day 182 Nu American! Register to vote & Apply for US Passport ...@ same Bloomington city Hall

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Filed: Country:
Timeline
That is correct, once you have your EAD from the I-751, it doesn't matter.

Technically speaking, once you have submitted your I-130/AOS via your wife and have received your I-797, then your H1B status means very little since you have now in "pending status".

Unless he is currently authorized to work as a result of that H1B since the AOS (which is I-485 not I-751) doesn't give work authorization until after biometrics and then only if he also applied for EAD.

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