30/60/90 rule and F1 to GC application

[SuperYeti 0]

Hi all

I am currently working in the US with an F1-OPT. I recently got married to a US Citizen and was planning to apply for a change of status to permanent residency. I just became aware of the "30/60/90" rule and it got me worried...

Here is my timeline (Probably doesnt matter but I am a French citizen):

Summer 2008: Obtains J1 visa and enters the US as a visiting scholar.

Summer 2009: Obtains F1 visa and reenters the US to pursue a Master degree.

Srping 2011: Graduate with my MS

Summer 2011: Start working in the US using OPT.

February 2012: Get STEM extension for OPT (still working for same company)

October 2012: Left the country for a 2-week vacation.

November 2012: Got married to US Citizen

Jan 2013: Left the country for 1-week business trip

What I have coming:

- We have planned a ceremony in France early April.

- My OPT extension expires early July.

- My company just offered to sponsor me with an H-1.

Here are my questions for you!

- Is it a problem that we got married a few days after re-entering the country?

- How long should we wait before applying for my green card application? 60/90 days since last entry?

- Now that I am aware of the 30/60/90 rule, it seems that there is no way for me to go France for the wedding and then get a new EAD before my current one expires. I am a little afraid that my GC application could be denied. Can it create a problem if I start the H1 AND the Green card application at the same time?

Thanks a lot for you help!

[Little_My 464]

First, there is no 30/60/90 rule. It is outdated information.

Second, if you are now legally married, you can start the AOS process as soon as you want. If you file the paperwork in the next few weeks, or let's say by the end of February, you should have your EAD and AP by end of May/early June. It takes around 90 days for those documents to arrive, except in cases where the interview happens to be scheduled earlier - in those situations, it's possible that the EAD and AP are never issued, because they actually process the whole AOS application faster. But those are still the exception to the rule. However, if you do this, your current OPT-based EAD, and your ability to travel under OPT, are invalided. You won't be able to leave the US until you have the AP from AOS.

You can also take the H1-B route if you wish - and my understanding is that there's really nothing preventing you from pursuing both avenues, because H1-B is a dual intent visa and therefore allows for immigrant intent, but I'm not sure if your company would be happy to spend thousands of dollars on your H1-B application only to find out that you actually got yourself a greencard simultaneously, and didn't really need the H1-B. There's also the issue of the annual H1-B cap which applies to most industries, but I have no idea where they are with 2013 cap being filled.

[Darnell 8,479]

30/60/90 guideline not apply when adjusting from F1 to greencard holder through marriage to a USCitizen.

[SuperYeti 0]

Thanks for the quick answer!

Just out of curiosity, when did the 30/60/90 rule stopped applying? I've found so many posts about it around the web...

I actually had a meeting with my company's HR today. They were worried about my work authorization and that's when they brought up the "60 days rule" (they didnt mention "30/60/90"). I was open about my marriage/green card situation and they said they didn't care if I ended up not using my H1: they just want to make sure that there is no gap in my work authorization period (which would force them to terminate my contract). So, the dual path is definitely not an issue from the company's point of view.

I guess I had misunderstood the time it would take to get my EAD. My initial plan was to have AOS application ready to ship before leaving the country and then mailing as soon as I come back in mid-April. With the 90 days you mentioned, it doesn't look like it'll be possible (for whatever reason, I had read 30 to 60 days to receive the EAD).

Could you think of any way to accommodate both the trip to France in April and getting my new EAD before the current one expires early July? (either through H1 or AOS)

[Darnell 8,479]

File AOS and leave the country? You've abandoned yer AOS application, reverting to current status/visa/whatever.

[SuperYeti 0]

File AOS and leave the country? You've abandoned yer AOS application, reverting to current status/visa/whatever.

I'm a little confused here. You're saying that leaving the country will automatically cancel my AOS application thus making it impossible to get a new EAD. Right?

[Darnell 8,479]

New EAD is a byproduct of filing for an adjustment of status.

Plan accordingly, aye?

[KayDeeCee 4,896]

I'm a little confused here. You're saying that leaving the country will automatically cancel my AOS application thus making it impossible to get a new EAD. Right?

You cannot file to adjust status and then simply leave the US and be able to return without abandoning the AOS process. Adjusting status happens within the US. You cannot leave and re-enter without having Advance Parole(https://help.cbp.gov/app/answers/detail/a_id/991) or your green card.

AOS guide: http://www.visajourney.com/content/i130guide2

[SuperYeti 0]

Ok thanks, that's what I thought.

It seems that with my options there is no way to: 1.Leave the country in April for a week AND 2.Remain continually legal to work in the US.

The way I see it:

a. I file my AOS now: that means that I won't be able to get my parole before April to leave the country without cancelling the application

b. I file my AOS mid-april after I reenter the country: I won't get my new EAD before the current one expires early July (end of my OPT extension).

Am I missing something?

[KayDeeCee 4,896]

Ok thanks, that's what I thought.

It seems that with my options there is no way to: 1.Leave the country in April for a week AND 2.Remain continually legal to work in the US.

The way I see it:

a. I file my AOS now: that means that I won't be able to get my parole before April to leave the country without cancelling the application

b. I file my AOS mid-april after I reenter the country: I won't get my new EAD before the current one expires early July (end of my OPT extension).

Am I missing something?

If you file in April, you might have the EAD by then. It takes about 2-3 months to receive the EAD/AP after filing.

If you file now and have a good a reason for leaving in April, you can always make an Infopass appointment to ask about getting an expedite for your AP. If possible, you might want to file now and postpone your trip.

[Harpa Timsah 13,258]

30/60/90 day rule never applied, or at least not since the 80s. It's all misinformation.

Edited February 1, 2013 by Harpa Timsah

[Darnell 8,479]

Ok thanks, that's what I thought.

It seems that with my options there is no way to: 1.Leave the country in April for a week AND 2.Remain continually legal to work in the US.

The way I see it:

a. I file my AOS now: that means that I won't be able to get my parole before April to leave the country without cancelling the application

b. I file my AOS mid-april after I reenter the country: I won't get my new EAD before the current one expires early July (end of my OPT extension).

Am I missing something?

b. Yup - is possible for EAD to arrive with 60 days, if you are diligent. (Thats the thing yer missing)

[Harpa Timsah 13,258]

Diligent? being diligent has nothing to do with getting an EAD in 60 days. A lot of people think they can get EAD in 60 days and they don't and are very disappointed and have ruined plans. The USCIS timeframe is 90 days. If you have a firm job offer or employment issue, you can request EAD expedite, but getting expedite is not something to count on.

[SuperYeti 0]

Your posts have been really helpful! Thanks a lot for the answers!

[AnotherLostSoul 167]

I think how fast one gets their EAD depends on the number of applicants and how overwhelmed the actual office is. I was going through NBC and then Sacramento and got my EAD and GC relatively fast. Others at Vermont Center have been waiting for a decade. But to play it safe Super Yeti, Harpa Timsah is totally right...you want to "aim" for the maximum days it takes to get the appropriate documents. So, yes, leaving in April is not the most promising, but who knows, you may get your AP by that time. Good luck, and for now, start collecting all the documents and forms that are needed for submitting your AOS package!