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Can someone give me some guidance on F1 to GC

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

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Span Newbie

Span   0

Posted
Filed: F-1 Visa Country: China
 Timeline
Posted

Hi everyone,

I am a Chinese citizen and I have a F1 visa. I finished my graduate study this past December and received my OPT and EAD for February 2016 to February 2017. I got a job offer in March 2016 and got married in April 2016. My wife is a USC and we've been together over a year, we went to the same school and she've been to China to met with my family last summer.

I started working in April 2016 and just got noticed that I did not got selected for H1B that my company has applied for me in March 2016. So now we gonna do the GC process to maintain my legal status while I'm working in the US. I have the following questions that I hope to find suggestions from here:

1, My wife is working in Texas and she's a school teacher, I am working in Wisconsin now. My wife is planning to relocate to Wisconsin in a month and we will be applying the AOS and GC here. But by the time she get here, it will be in the summer and she might not be able to find a teaching job right away here in Wisconsin. Do we have to have her proof that she's working to apply for AOS and GC? Do we need to proof that she's sponsoring me even though I'm working full time and can provide enough for both of us?

2, My job requires international travel, if I started the AOS and GC I understand I can't travel until the approval, but my OPT and EAD card should allows me to travel. So what should I do? Stay in the US just to be safe?

3, Where can I find a checklist for this whole process? I found so many sources and everywhere is a little different regard to what documents I need to submit.

Please feel free to give me any comments you have, I would really appreciate some advice and suggestions. Thanks a lot.

Cheezees Mentor

Cheezees   1,514

Posted
Filed: Citizen (apr) Country: Trinidad and Tobago
 Timeline
Posted

Hi everyone,

I am a Chinese citizen and I have a F1 visa. I finished my graduate study this past December and received my OPT and EAD for February 2016 to February 2017. I got a job offer in March 2016 and got married in April 2016. My wife is a USC and we've been together over a year, we went to the same school and she've been to China to met with my family last summer.

I started working in April 2016 and just got noticed that I did not got selected for H1B that my company has applied for me in March 2016. So now we gonna do the GC process to maintain my legal status while I'm working in the US. I have the following questions that I hope to find suggestions from here:

1, My wife is working in Texas and she's a school teacher, I am working in Wisconsin now. My wife is planning to relocate to Wisconsin in a month and we will be applying the AOS and GC here. But by the time she get here, it will be in the summer and she might not be able to find a teaching job right away here in Wisconsin. Do we have to have her proof that she's working to apply for AOS and GC? No. Do we need to proof that she's sponsoring me even though I'm working full time and can provide enough for both of us? She still needs to fill out the form even if you make above the 125% requirement. No joint sponsor is needed.

2, My job requires international travel, if I started the AOS and GC I understand I can't travel until the approval, but my OPT and EAD card should allows me to travel. So what should I do? Stay in the US just to be safe? I'm not sure your OPT is still valid once you apply for residency.

3, Where can I find a checklist for this whole process? I found so many sources and everywhere is a little different regard to what documents I need to submit. The AOS process? Look at all the forms for the AOS at uscis.gov/forms or check the guides right here on VJ.

Please feel free to give me any comments you have, I would really appreciate some advice and suggestions. Thanks a lot.

 

 

AOS

03/24/11 - Got married in the Boogie-Down Bronx, NYC!
04/21/11 - Mailed I-130,I-765, I-485, I-864 and I-693 - Day 00

04/23/11 - Application delivered - Day 02
04/28/11 - NOA (most forms) - Day 07
05/03/11 - Checks cashed - Day 12
05/31/11 - Biometrics completed in the Bronx, NYC - Day 40
06/24/11 - Received someone else's employment authorization card!!! What the...? - Day 64
07/01/11 - Mailed the poor lady's card back after calling USCIS - Day 71
07/07/11 - Received poor lady's interview notice! What??? - Day 77
07/15/11 - Received my own EAD card - Day 85
08/12/11 - Interview. Approved on the spot! - Day 113
08/18/11 - Received card in the mail - Day 119

ROC
05/28/13 - Mailed I-751 - Day 00

05/30/13 - Application delivered - Day 02

05/31/13 - NOA I-797 - Day 03
06/04/13 - Check cashed - Day 07

06/06/13 - NOA delivered to my home/Biometrics letter generated - Day 09

06/10/13 - Received Biometrics letter in the mail - Day 13

06/27/13 - Biometrics completed in Milwaukee, WI - Day 30

09/10/13 - Application approved! - Day 105

09/14/13 - 10 year Green Card received! - Day 109

Citizenship

05/10/16 - Mailed N-400 - Day 00

05/12/16 - Application delivered - Day 02

05/13/16 - Credit card payment accepted - Day 03

05/17/16 - Received text & email update - Day 07

05/20/16 - Received 1st NOA (dated 05/13/16) & created ELIS acct - Day 10

05/21/16 - Received 2nd NOA (dated 05/16/16) confirming my DOB and address - Day 11

05/22/06 - Biometrics scheduled (online update) and appt letter was mailed on 05/20/16 - Day 12

05/24/06 - Biometrics letter became viewable online (appt scheduled for 06/07/16) - Day 14

05/27/16 - Received Biometrics letter in mail - Day 17

05/31/16 - Was denied walk-in fingerprints with just 1 person left in line. Milwaukee office, boo! - Day 21

06/07/16 - Biometrics completed in Milwaukee, WI - Day 28

12/21/16 - Passed Citizenship test/Interview was successful! - Day 197

01/26/17 - I am a US citizen!!! - Day 233

randomstairs Community Regular

randomstairs   309

Posted
Filed: Citizen (apr) Timeline
Posted

You can travel on AP, however, it is not really meant for work travel or vacations and I would not recommend using it too frequently. Also, when you file for AoS your status becomes "pending AoS" and you will be allowed to work without conditions (with EAD), your F1 status and all privileges of it will expire, you will be out-of-status (but on authorized stay, not unlawfully present) and every time you return to the US with AP you will be "paroled" in, meaning you will not be fully admitted. If your I-485 is denied, the out-of-status days will be counted from the day your F1 expired and 180 or more of such days may result in 3 year bar and you won't be able to file another i-485. You won't easily get another F1 or B2 visa again as you have shown immigrant intent (you could still get H1B). However, in your situation I think going for AoS is the best option.

03/04/2016 AOS (EB2-NIW concurrent with I-485) mailed to Lewisville TX Lockbox
03/07/2016 AOS delivered to USCIS and signed
03/12/2016 Case received by Nebraska Service Center (NSC)
03/14/2016 Text notification received for I-140/I-485/I-765/I-131.
04/08/2016 Biometrics notice received for 04/21
04/13/2016 Biometrics early walk-in completed.
04/15/2016 EAD/AP combo card received in mail.

 

Long wait begins...

 

11/04/2016 I-140/485 cases transferred from Nebraska to TCS
12/01/2016 Prepared package for EAD/AP renewal (expires 04/09/2017)
12/23/2016 USCIS suddenly changes several forms, invalidating my EAD/AP renewal package (not yet sent)
12/27/2016 USCIS suddenly reforms the entire NIW criteria system, replacing a 20 years old one. Uncharted waters. 
01/07/2017 (Saturday!) EAD/AP renewal package with new forms received in Phoenix "reception desk"
01/17/2017 EAD/AP renewal case accepted; text/email with receipt numbers was received
01/30/2017 Law firm finally confirms that USCIS has suspended processing all EB2-NIW cases due to new criteria. 
02/23/2017 USCIS slowly starts adjudicating NIW cases again.
04/21/2017 Extended EAD/AP received in mail. Valid for 2 years. 
05/06/2017 Received a massive RFE on I-140 NIW case.
07/20/2017 RFE response received by USCIS (a very long response with 30 pages of docs)
09/14/2017 I-140 NIW approved!!! 
11/28/2017 RFE for new medical issued (plus another request re Supp J for employment which is clearly issued in error)
12/04/2017 RFE received in mail
12/07/2017 repeated medical exam for I-485
12/08/2017 Attorney receives documents for responding to I-485 RFE
12/21/2017 Response to RFE received by USCIS 
02/09/2018 I-485 approval (text, email) :)
02/08/2018 I-485 approval notice issued (the "welcome letter") - I'm LPR now
02/16/2018 Green card received
 
11/14/2022 Filed N-400 online; receipt and biometrics reuse form received online
03/07/2023 N-400 Interview scheduled 
04/xx/2023 N-400 approved, same-day Oath ceremony completed. I'm a US citizen.
05/xx/2023 US passport in hand

 

randomstairs Community Regular

randomstairs   309

Posted
Filed: Citizen (apr) Timeline
Posted

AP can be used for work or vacations. Most of the above post is incorrect, alas.

What is incorrect? I didn't say that AP could not be used for such travel.

03/04/2016 AOS (EB2-NIW concurrent with I-485) mailed to Lewisville TX Lockbox
03/07/2016 AOS delivered to USCIS and signed
03/12/2016 Case received by Nebraska Service Center (NSC)
03/14/2016 Text notification received for I-140/I-485/I-765/I-131.
04/08/2016 Biometrics notice received for 04/21
04/13/2016 Biometrics early walk-in completed.
04/15/2016 EAD/AP combo card received in mail.

 

Long wait begins...

 

11/04/2016 I-140/485 cases transferred from Nebraska to TCS
12/01/2016 Prepared package for EAD/AP renewal (expires 04/09/2017)
12/23/2016 USCIS suddenly changes several forms, invalidating my EAD/AP renewal package (not yet sent)
12/27/2016 USCIS suddenly reforms the entire NIW criteria system, replacing a 20 years old one. Uncharted waters. 
01/07/2017 (Saturday!) EAD/AP renewal package with new forms received in Phoenix "reception desk"
01/17/2017 EAD/AP renewal case accepted; text/email with receipt numbers was received
01/30/2017 Law firm finally confirms that USCIS has suspended processing all EB2-NIW cases due to new criteria. 
02/23/2017 USCIS slowly starts adjudicating NIW cases again.
04/21/2017 Extended EAD/AP received in mail. Valid for 2 years. 
05/06/2017 Received a massive RFE on I-140 NIW case.
07/20/2017 RFE response received by USCIS (a very long response with 30 pages of docs)
09/14/2017 I-140 NIW approved!!! 
11/28/2017 RFE for new medical issued (plus another request re Supp J for employment which is clearly issued in error)
12/04/2017 RFE received in mail
12/07/2017 repeated medical exam for I-485
12/08/2017 Attorney receives documents for responding to I-485 RFE
12/21/2017 Response to RFE received by USCIS 
02/09/2018 I-485 approval (text, email) :)
02/08/2018 I-485 approval notice issued (the "welcome letter") - I'm LPR now
02/16/2018 Green card received
 
11/14/2022 Filed N-400 online; receipt and biometrics reuse form received online
03/07/2023 N-400 Interview scheduled 
04/xx/2023 N-400 approved, same-day Oath ceremony completed. I'm a US citizen.
05/xx/2023 US passport in hand

 

randomstairs Community Regular

randomstairs   309

Posted
Filed: Citizen (apr) Timeline
Posted

I was wrong on the purpose of travel with AP - it is in fact fine to use it for work-travel, so you're good. I was right that the purpose of travel should not be vacation. This is explicitly stated by USCIS: "Travel for vacation is not a valid purpose." https://www.uscis.gov/i-131

03/04/2016 AOS (EB2-NIW concurrent with I-485) mailed to Lewisville TX Lockbox
03/07/2016 AOS delivered to USCIS and signed
03/12/2016 Case received by Nebraska Service Center (NSC)
03/14/2016 Text notification received for I-140/I-485/I-765/I-131.
04/08/2016 Biometrics notice received for 04/21
04/13/2016 Biometrics early walk-in completed.
04/15/2016 EAD/AP combo card received in mail.

 

Long wait begins...

 

11/04/2016 I-140/485 cases transferred from Nebraska to TCS
12/01/2016 Prepared package for EAD/AP renewal (expires 04/09/2017)
12/23/2016 USCIS suddenly changes several forms, invalidating my EAD/AP renewal package (not yet sent)
12/27/2016 USCIS suddenly reforms the entire NIW criteria system, replacing a 20 years old one. Uncharted waters. 
01/07/2017 (Saturday!) EAD/AP renewal package with new forms received in Phoenix "reception desk"
01/17/2017 EAD/AP renewal case accepted; text/email with receipt numbers was received
01/30/2017 Law firm finally confirms that USCIS has suspended processing all EB2-NIW cases due to new criteria. 
02/23/2017 USCIS slowly starts adjudicating NIW cases again.
04/21/2017 Extended EAD/AP received in mail. Valid for 2 years. 
05/06/2017 Received a massive RFE on I-140 NIW case.
07/20/2017 RFE response received by USCIS (a very long response with 30 pages of docs)
09/14/2017 I-140 NIW approved!!! 
11/28/2017 RFE for new medical issued (plus another request re Supp J for employment which is clearly issued in error)
12/04/2017 RFE received in mail
12/07/2017 repeated medical exam for I-485
12/08/2017 Attorney receives documents for responding to I-485 RFE
12/21/2017 Response to RFE received by USCIS 
02/09/2018 I-485 approval (text, email) :)
02/08/2018 I-485 approval notice issued (the "welcome letter") - I'm LPR now
02/16/2018 Green card received
 
11/14/2022 Filed N-400 online; receipt and biometrics reuse form received online
03/07/2023 N-400 Interview scheduled 
04/xx/2023 N-400 approved, same-day Oath ceremony completed. I'm a US citizen.
05/xx/2023 US passport in hand

 

Elf Collaborator

Elf   146

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

I was wrong on the purpose of travel with AP - it is in fact fine to use it for work-travel, so you're good. I was right that the purpose of travel should not be vacation. This is explicitly stated by USCIS: "Travel for vacation is not a valid purpose." https://www.uscis.gov/i-131

Sorry, you're still incorrect. That restriction only applies to people whose AP is based on their status as a DACA recipient. Someone whose AP is based on AOS can use it to travel outside the US for any reason, including vacation.

Eighteen years in the US and I still don't understand Velveeta, TV ads for prescription drugs, only getting 2 weeks paid vacation, or why anyone believes anything they see on Fox "News".

  • 2 weeks later...
 
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