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llamaladies

H1B Transfer, pending spousal AOS - Status?

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

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llamaladies Newbie

llamaladies   0

Posted
Filed: Timeline
Posted

My wife is currently on an H1B and will be changing employers soon. As her EAD (based on AOS-USC spouse) is still pending arrival, her new employer is prepared to file for a transfer to maintain her H1B status until her green card application is approved. They'd like her to start fairly soon, but understand transfers can take some time.

My question is: if she gives notice at her current job, but the transfer is not yet approved by her last day of work and she has a few days/weeks in between jobs, what's her status? Is she unlawfully present, and if so, what impact does that have (on H1B or AOS)? What's the best course of action to make sure everything remains above board?

Thanks!

TBoneTX Grand Master

TBoneTX   46,224

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

*** Thread is moved from the Working & Traveling forum to the "AOS from WS&T Visas" main forum. ***

06-04-2007 = TSC stamps postal return-receipt for I-129f.

06-11-2007 = NOA1 date (unknown to me).

07-20-2007 = Phoned Immigration Officer; got WAC#; where's NOA1?

09-25-2007 = Touch (first-ever).

09-28-2007 = NOA1, 23 days after their 45-day promise to send it (grrrr).

10-20 & 11-14-2007 = Phoned ImmOffs; "still pending."

12-11-2007 = 180 days; file is "between workstations, may be early Jan."; touches 12/11 & 12/12.

12-18-2007 = Call; file is with Division 9 ofcr. (bckgrnd check); e-prompt to shake it; touch.

12-19-2007 = NOA2 by e-mail & web, dated 12-18-07 (187 days; 201 per VJ); in mail 12/24/07.

01-09-2008 = File from USCIS to NVC, 1-4-08; NVC creates file, 1/15/08; to consulate 1/16/08.

01-23-2008 = Consulate gets file; outdated Packet 4 mailed to fiancee 1/27/08; rec'd 3/3/08.

04-29-2008 = Fiancee's 4-min. consular interview, 8:30 a.m.; much evidence brought but not allowed to be presented (consul: "More proof! Second interview! Bring your fiance!").

05-05-2008 = Infuriating $12 call to non-English-speaking consulate appointment-setter.

05-06-2008 = Better $12 call to English-speaker; "joint" interview date 6/30/08 (my selection).

06-30-2008 = Stokes Interrogations w/Ecuadorian (not USC); "wait 2 weeks; we'll mail her."

07-2008 = Daily calls to DOS: "currently processing"; 8/05 = Phoned consulate, got Section Chief; wrote him.

08-07-08 = E-mail from consulate, promising to issue visa "as soon as we get her passport" (on 8/12, per DHL).

08-27-08 = Phoned consulate (they "couldn't find" our file); visa DHL'd 8/28; in hand 9/1; through POE on 10/9 with NO hassles(!).

EM_Vandaveer Experienced

EM_Vandaveer   2,417

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

Yes, but no effect on AOS as overstay is forgiven for spouses of USCs.

Entry on VWP to visit then-boyfriend 06/13/2011

Married 06/24/2011

Our first son was born 10/31/2012, our daughter was born 06/30/2014, our second son was born 06/20/2017

AOS Timeline

AOS package mailed 09/06/2011 (Chicago Lockbox)

AOS package signed for by R Mercado 09/07/2011

Priority date for I-485&I-130 09/08/2011

Biometrics done 10/03/2011

Interview letter received 11/18/2011

INTERVIEW DATE!!!! 12/20/2011

Approval e-mail 12/21/2011

Card production e-mail 12/27/2011

GREEN CARD ARRIVED 12/31/2011

Resident since 12/21/2011

ROC Timeline

ROC package mailed to VSC 11/22/2013

NOA1 date 11/26/2013

Biometrics date 12/26/2013

Transfer notice to CSC 03/14/2014

Change of address 03/27/2014

Card production ordered 04/30/2014

10-YEAR GREEN CARD ARRIVED 05/06/2014

N-400 Timeline

N-400 package mailed 09/30/2014

N-400 package delivered 10/01/2014

NOA1 date 10/20/2014

Biometrics date 11/14/2014

Early walk-in biometrics 11/12/2014

In-line for interview 11/23/2014

Interview letter 03/18/2015

Interview date 04/17/2015 ("Decision cannot yet be made.")

In-line for oath scheduling 05/04/2015

Oath ceremony letter dated 05/11/2015

Oath ceremony 06/02/2015

I am a United States citizen!

llamaladies Newbie

llamaladies   0

Posted
Filed: Timeline
  • Author
Posted

Yes, but no effect on AOS as overstay is forgiven for spouses of USCs.

Will it have an effect on the H1B transfer, though? I'm trying to understand the H1B portability rules - I know she obviously can't work until the H1B receipt is received, but is she supposed to stay in the country while waiting, or is she supposed to be outside the country (seems difficult to get back in if she leaves, as the stamp would be different)? Or is best option to push back giving notice by a week or so as to avoid a potential gap?

 
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