Jump to content
Nari

Filing h1b extension after filing AOS documents

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

 Share

5 posts in this topic

Recommended Posts

Nari Newbie

Nari   0

Posted
Filed: H-1B Visa Country: India
 Timeline
Posted

My H1 is expiring on Dec 31.

I filed my i130 and i485 and EAD for family based green card. My wife is a citizen.

AOS was filed on Nov 26 and till date neither I got the receipt nor the cheques were encashed

In order to avoid getting out of status , I want to file an H1 extension.

Is it permitted to file h1b extension after filing AOS for which I haven't got any receipt.

also will it impact my AOS processing?

Please advise

Link to comment
Share on other sites
Hypnos Grand Master

Hypnos   6,576

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

I can't imagine anything good will come out of trying to renew an H-1B after already filing for AoS.

It can often take up to a month for USCIS to cash your AoS cheques (provided there is nothing wrong with your applications that prevents USCIS from accepting them).

Widow/er AoS Guide | Have AoS questions? Read (some) answers here

 

AoS

Day 0 (4/23/12) Petitions mailed (I-360, I-485, I-765)
2 (4/25/12) Petitions delivered to Chicago Lockbox
11 (5/3/12) Received 3 paper NOAs
13 (5/5/12) Received biometrics appointment for 5/23
15 (5/7/12) Did an unpleasant walk-in biometrics in Fort Worth, TX
45 (6/7/12) Received email & text notification of an interview on 7/10
67 (6/29/12) EAD production ordered
77 (7/9/12) Received EAD
78 (7/10/12) Interview
100 (8/1/12) I-485 transferred to Vermont Service Centre
143 (9/13/12) Contacted DHS Ombudsman
268 (1/16/13) I-360, I-485 consolidated and transferred to Dallas
299 (2/16/13) Received second interview letter for 3/8
319 (3/8/13) Approved at interview
345 (4/3/13) I-360, I-485 formally approved; green card production ordered
353 (4/11/13) Received green card

 

Naturalisation

Day 0 (1/3/18) N-400 filed online

Day 6 (1/9/18) Walk-in biometrics in Fort Worth, TX

Day 341 (12/10/18) Interview was scheduled for 1/14/19

Day 376 (1/14/19) Interview

Day 385 (1/23/19) Denied

Day 400 (2/7/19) Denial revoked; N-400 approved; oath ceremony set for 2/14/19

Day 407 (2/14/19) Oath ceremony in Dallas, TX

Link to comment
Share on other sites
AnotherLostSoul Proficient

AnotherLostSoul   167

Posted
Filed: Timeline
Posted

Hey, I think when your case is pending you are not really "out of status". But I may be wrong on this. The fact that you cannot work until decision has not been made if your H1B expired is certain...and as far as I know H1B is a "dual intent" visa, so it is normal that you are "trying to immigrate" while applying for H1B extension. So, I think you can apply for extension even if you are already in the process of AOS. I think. But I am not 100% confident. Hopefully, someone hecka lot smarter than I am. :) (quiet likely) ;)

Link to comment
Share on other sites
Nari Newbie

Nari   0

Posted
Filed: H-1B Visa Country: India
 Timeline
  • Author
Posted

I can't imagine anything good will come out of trying to renew an H-1B after already filing for AoS.

It can often take up to a month for USCIS to cash your AoS cheques (provided there is nothing wrong with your applications that prevents USCIS from accepting them).

The only issue I am concerned is that if I don't have a receipt till Dec 31 it will put me out of status.

Neither did I get a SMS nor email on the application receipt nor NOA. But FedEx tracking number shows that it was delivered to Chicago lockbox

Link to comment
Share on other sites
Hypnos Grand Master

Hypnos   6,576

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

When filing for AoS as an immediate relative of a US citizen it doesn't make a difference whether you go out of status or not.

You will likely get your receipts within the next week or so.

Widow/er AoS Guide | Have AoS questions? Read (some) answers here

 

AoS

Day 0 (4/23/12) Petitions mailed (I-360, I-485, I-765)
2 (4/25/12) Petitions delivered to Chicago Lockbox
11 (5/3/12) Received 3 paper NOAs
13 (5/5/12) Received biometrics appointment for 5/23
15 (5/7/12) Did an unpleasant walk-in biometrics in Fort Worth, TX
45 (6/7/12) Received email & text notification of an interview on 7/10
67 (6/29/12) EAD production ordered
77 (7/9/12) Received EAD
78 (7/10/12) Interview
100 (8/1/12) I-485 transferred to Vermont Service Centre
143 (9/13/12) Contacted DHS Ombudsman
268 (1/16/13) I-360, I-485 consolidated and transferred to Dallas
299 (2/16/13) Received second interview letter for 3/8
319 (3/8/13) Approved at interview
345 (4/3/13) I-360, I-485 formally approved; green card production ordered
353 (4/11/13) Received green card

 

Naturalisation

Day 0 (1/3/18) N-400 filed online

Day 6 (1/9/18) Walk-in biometrics in Fort Worth, TX

Day 341 (12/10/18) Interview was scheduled for 1/14/19

Day 376 (1/14/19) Interview

Day 385 (1/23/19) Denied

Day 400 (2/7/19) Denial revoked; N-400 approved; oath ceremony set for 2/14/19

Day 407 (2/14/19) Oath ceremony in Dallas, TX

Link to comment
Share on other sites
 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
 Share
Go to topic listing
- Back to Top -

Important Disclaimer: Please read carefully the Visajourney.com Terms of Service. If you do not agree to the Terms of Service you should not access or view any page (including this page) on VisaJourney.com. Answers and comments provided on Visajourney.com Forums are general information, and are not intended to substitute for informed professional medical, psychiatric, psychological, tax, legal, investment, accounting, or other professional advice. Visajourney.com does not endorse, and expressly disclaims liability for any product, manufacturer, distributor, service or service provider mentioned or any opinion expressed in answers or comments. VisaJourney.com does not condone immigration fraud in any way, shape or manner. VisaJourney.com recommends that if any member or user knows directly of someone involved in fraudulent or illegal activity, that they report such activity directly to the Department of Homeland Security, Immigration and Customs Enforcement. You can contact ICE via email at Immigration.Reply@dhs.gov or you can telephone ICE at 1-866-347-2423. All reported threads/posts containing reference to immigration fraud or illegal activities will be removed from this board. If you feel that you have found inappropriate content, please let us know by contacting us here with a url link to that content. Thank you.
“;}
×
×
  • Create New...