Notice of Action and Visa Expiration Clarification

[Darcy_&_Oliver 1]

Hi everyone,

 

I'm hoping someone here can help me out if they were in a similar situation. My fiancé is an H2B visa holder and we're looking at submitting our AOS packet in November of this year. His visa expires November 26. We're looking to have the AOS packet signed, sealed, and overnighted to the lockbox on November 21. With Thanksgiving and a weekend in between, will our process be halted if we receive the Notice of Action AFTER his visa has expired? We will have tracking on the packet for when it arrives at the lockbox; I just want to know if they're unable to process the Notice of Action until after the holiday, will our application have a red flag so to speak? We have confirmed that even after his visa has expired that he's free to stay in the country while the AOS process is ongoing. 

 

Any help is greatly appreciated!!

 

[azblk 338]

1 hour ago, Darcy_&_Oliver said:

Hi everyone,

 

I'm hoping someone here can help me out if they were in a similar situation. My fiancé is an H2B visa holder and we're looking at submitting our AOS packet in November of this year. His visa expires November 26. We're looking to have the AOS packet signed, sealed, and overnighted to the lockbox on November 21. With Thanksgiving and a weekend in between, will our process be halted if we receive the Notice of Action AFTER his visa has expired? We will have tracking on the packet for when it arrives at the lockbox; I just want to know if they're unable to process the Notice of Action until after the holiday, will our application have a red flag so to speak? We have confirmed that even after his visa has expired that he's free to stay in the country while the AOS process is ongoing. 

 

Any help is greatly appreciated!!

 

yes he can stay while process is ongoing. Why are you waiting till last minute to send package though? you know he wont be able to work legally until he receives work permit which will be 90 to 120 days after filing?

[Darcy_&_Oliver 1]

16 minutes ago, azblk said:

yes he can stay while process is ongoing. Why are you waiting till last minute to send package though? you know he wont be able to work legally until he receives work permit which will be 90 to 120 days after filing?

The weekend before Thanksgiving is the weekend family is available for a small ceremony, it's a bit last minute I know. My pivotal question is will our application be red flagged if they give us the notice of action AFTER the visa has expired.

 

Thank you!