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skymonkey

AOS pending, H1B is expiring, should I file an H1B extension?

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

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skymonkey Newbie

skymonkey   0

Posted
Filed: AOS (pnd) Country: Thailand
 Timeline
Posted

Hello All,

I prepared the packet myself according to this website's guidelines. http://www.visajourney.com/content/i130guide2 Thank you for the helpful info!

My time line is below.

06/06/2012: Packet sent: I-130, I-485, I-765

06/08/2012: Received NOA via email & text for all three applications.

06/11/2012: Two checks for I-130 & I-485 have been cleared.

I'm the alien spouse, married to an American citizen. I'm holding an H1B visa which will be expired on Sep 15, 2012. My question is because my visa is expiring, should I file an H1B extension while waiting for the green card process?

I have around 3 months from today's date (June 11, 2012). If I choose not to file the extension and I don't receive the EAD card by the visa expiration, will I be illegal to live in the U.S. while waiting?

The thing is my company is small, so I have to pay 50% attorney fee. My boss will pay the other 50% plus all application fee and I would like to avoid that. But if it is a must, I will do it. I only want to avoid paying a few thousand dollars.

Any suggestion would be appreciated.

Thanks!!

wifi Contributor

wifi   6

Posted
Filed: Timeline
Posted

You won't be out of status now that you've filed your AOS. You're in a new status while you wait for your AOS to be adjudicated. However, you won't be able to work after your H1B expires. Based on the information that you've provided, there's a high likelihood that your EAD will be approved before the September 15 deadline you mentioned. That said, if you receive an RFE during the process, that will delay the processing of your application (AOS, EAD, etc.). And most importantly, you cannot file for an H1B extension now that you've filed your AOS -- you should have done it the other way around.

Now just hurry up and wait. You'll receive your biometrics appointment and EAD before you know it.

skymonkey Newbie

skymonkey   0

Posted
Filed: AOS (pnd) Country: Thailand
 Timeline
  • Author
Posted

Thanks Wifi!

Below is what I understand

Takeaway 1: If my application is delayed, I can still live in the US legally (because my status is changed) but can't work (because H1B expires).

Takeaway 2: Even though I want to file H1B extension just to be safe, I can't do it because I have filed I-130 and it's pending.

Next question: what if my application is denied (hope not-finger crossed), what can I do next?

A: Appeal (still can't work but can live legally?)

B: or I have to leave the country (restart everything from my home country).

C: Suggestion please

Ontarkie Grand Master

Ontarkie   14,498

Posted
Filed: Citizen (apr) Country: Canada
 Timeline
Posted

Moved to Adjustment of Status from Work, Student, & Tourist Visas

Spoiler

Met Playing Everquest in 2005
Engaged 9-15-2006
K-1 & 4 K-2'S
Filed 05-09-07
Interview 03-12-08
Visa received 04-21-08
Entry 05-06-08
Married 06-21-08
AOS X5
Filed 07-08-08
Cards Received01-22-09
Roc X5
Filed 10-17-10
Cards Received02-22-11
Citizenship
Filed 10-17-11
Interview 01-12-12
Oath 06-29-12

Citizenship for older 2 boys

Filed 03/08/2014

NOA/fee waiver 03/19/2014

Biometrics 04/15/14

Interview 05/29/14

In line for Oath 06/20/14

Oath 09/19/2014 We are all done! All USC no more USCIS

 

ChrisPG Collaborator

ChrisPG   30

Posted
Filed: AOS (apr) Country: United Kingdom
 Timeline
Posted (edited)

Takeaway 1: If my application is delayed, I can still live in the US legally (because my status is changed) but can't work (because H1B expires).

This is correct.

Takeaway 2: Even though I want to file H1B extension just to be safe, I can't do it because I have filed I-130 and it's pending.

To the best of my knowledge, this is incorrect-- it is permitted that you can have multiple applications filed with the USCIS at the same time.

Next question: what if my application is denied (hope not-finger crossed), what can I do next?

A: Appeal (still can't work but can live legally?)

B: or I have to leave the country (restart everything from my home country).

C: Suggestion please

You can file a Notice to appeal or Motion to Re-open (Form I-290B)-- this is beyond my scope of knowledge and probably most on this forum and would certainly need a consultation with an AILA approved attorney to sort out the the MTR and steer you through the removal proceedings etc and that is correct, you wouldn't be able to work during this process.

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.

ChrisPG Collaborator

ChrisPG   30

Posted
Filed: AOS (apr) Country: United Kingdom
 Timeline
Posted

Thanks ChrisPG! Good luck on your interview tomorrow!

Thanks SkyMonkey.

I did forget one minor (well big) detail--

You can also file Form I-765 (work authorization/EAD) and you will receive this within 90days, although it is currently taking an average of 60 days. This would give you permission to work for ANY employer until your AOS is adjudicated. So, yes if you file the Form and you case takes longer than usual, then you would still be able to work for your company without any complications.

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.

aayitrun Collaborator

aayitrun   66

Posted
Filed: Timeline
Posted

yes do it.

im in the exact same boat.

h1 is dual intent. so u can apply for it while having aos pending. it adds an additional layer of security to ur status over and above the ead.

2006 - Entered US on F-1
2009 - COS to H-1
2011 - Married USC

Conditional GC Process:
04/2012 - Concurrent I-130 petition / I-485 AOS / I-765 EAD / I-131 AP sent
35 days to biometrics, 73 days to EAD/AP combo card, 85 days to interview, 96 days to Conditional Green Card

04/2014 - Eligible for ROC

06/2014 - I-751 package filing joint with spouse sent

5 days to extension,37 days to biometrics, 172 days to CSC transfer, 247 days to Green Card

04/2015 - Eligible for Citizenship

09/2015 - N-400 package filing on basis of USC spouse sent

29 days to biometrics, 105 days to interview, 147 days to oath and US citizenship

~ 9 years and 6 months from first entry to US citizenship

 
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