From H1B to AOS

[Nordic em 0]

I have been living in the US since August 2004, I came here on a H1B visa, the first of which expired 6/30/06. An extension was filed and approved until 6/30/09, (I didn't get my the approval notice of the extension until sometime in the beginning of September, but I was fine working in pending status)

On November 4, 2006 I married my fiance, and I filed for EAD and AOS on December 8, 2006. (I got NOA for EAD, AOS and the I-130 petition December 14, 2006)

For personal reasons I resigned my job, my last day will be December 22, 2006.

I haven't really been concerned about anything with the immigration process. We have lived together for over a year, share our finances, he spent x-mas in my home country last year, and we're planning a bigger wedding celebration in July 2007, but I happened to come across an information sheet on AOS adjustment from H1B on this site, and now I am a bit worried. It says "Entering the US [...] on H1B, followed quickly by marriage to a US citizen, and then followed quickly by an application for adjustment of status might be construed by the USCIS to be visa fraud. The reason for this is that you applied for the original visa, and then after entry into the US quickly applied for adjustment of status, which makes the real purpose for your original visa request suspect."

Since I was technically filing for a new visa with the extension past 6/30/06, it seems like I got married very quickly after it was approved, and we filed just over a month later, and now I am leaving my employment while waiting for the EAD for about two months. Will this seem like fraud? We consulted an attorney, and when I asked her if it mattered if I quit my job during the filing, she said it wouldn't matter since I would be in pending status and not residing in the US illegally.

As anyone experienced anything similar to this? Do you have any advise?

[kim&james 0]

From reading your post, you originally came on your H1B in 2004, and you only filed an extension of that visa in 06. I would say that you will probably be ok but for your own sake, it might pay to pose this question to a immigration attorney. A consultation is generally not that expensive.