F2A 2018 AOS Filers

[VG31 23]

3 hours ago, nocardyet said:

Question..

 

While one is on H1B and they  were issued a EAD

 

how do they change the status from H1B to EAD.. how does USCIS get to know if the person is on H1B or EAD  ??

 

they say you have to go out of the country and get back in 

 

in other words   .. when i visit another country and while returning to USA,,,  i use my EAD to get in...   ..  does that mean my H1B is not valid anymore ???

@nocardyet That's correct, you need to go out of USA and then come back using your AP and you status will change from H1B to Parolee (I guess, don't recall the exact status).

 

I am also in a same situation, working on H1b and I am in my final year of H1B (6 years) with 5 months left before my H1b visa expires. I am planning to visit my country and not sure whether I should use my AP or H1b upon my return.

[senpal86 6]

4 hours ago, nocardyet said:

Question..

 

While one is on H1B and they  were issued a EAD

 

how do they change the status from H1B to EAD.. how does USCIS get to know if the person is on H1B or EAD  ??

 

they say you have to go out of the country and get back in 

 

in other words   .. when i visit another country and while returning to USA,,,  i use my EAD to get in...   ..  does that mean my H1B is not valid anymore ???

Hi @nocardyet, I was in the same state. My H1B expired on March but I had my EAD till July .. I didn’t have to travel out and come back in. Inform your employer about the EAD details  and your employers attorney would take care of the Immigration details ( I did the same). 

 

[nocardyet 4]

2 hours ago, VG31 said:

@nocardyet That's correct, you need to go out of USA and then come back using your AP and you status will change from H1B to Parolee (I guess, don't recall the exact status).

 

I am also in a same situation, working on H1b and I am in my final year of H1B (6 years) with 5 months left before my H1b visa expires. I am planning to visit my country and not sure whether I should use my AP or H1b upon my return.

My plan is to have the employer withdraw the H1B.. so i could save the time left on H1B (to recapture time) .. in case F2A is denied (hope this doesnt happen)

 

 

I am planning on this...n since i do not have an employee sponsored i-140 to extended beyond the 6year term on H1B

 

i couldn't figure out how to change the status to EAD without having to travel outside the country 

[nocardyet 4]

1 hour ago, senpal86 said:

Hi @nocardyet, I was in the same state. My H1B expired on March but I had my EAD till July .. I didn’t have to travel out and come back in. Inform your employer about the EAD details  and your employers attorney would take care of the Immigration details ( I did the same). 

 

did you apply for an EAD renewal ..those timeframes seems to be close,,,,

 

could you please find out what forms did your attorney used to change the status  ???  the process involved ..  this will help everyone here

[VG31 23]

1 hour ago, nocardyet said:

did you apply for an EAD renewal ..those timeframes seems to be close,,,,

 

could you please find out what forms did your attorney used to change the status  ???  the process involved ..  this will help everyone here

You don't need to file any other type of form for Change of Status. This process happens automatically when you use your Advance Parole at the port of entry.

 

My attorney did not used any special form. All they did is they filed my i-485 (AOS) along with EAD and Advance Parole.

 

I will file for EAD and AP renewal 120 days before it expires. 

 

I will also file for my H1B extension as well in July as it will expire in October and will see for how many months I can get an extension as I know I am almost close to exhaust my 6 Years of H1B.

 

I still haven't made a decision whether to use my H1B Visa or Advance Parole to seek entry into USA upon my return from my county later next month. If I end up using Advance Parole while seeking entry then only status will change from H1B to Parolee.

 

You can refer to this site for list of forms -

 

https://citizenpath.com/faq/documents-submit-i-485-aos-packet/

 

Thanks,

Edited May 7, 2019 by VG31

[senpal86 6]

2 hours ago, nocardyet said:

did you apply for an EAD renewal ..those timeframes seems to be close,,,,

 

could you please find out what forms did your attorney used to change the status  ???  the process involved ..  this will help everyone here

I did not apply for EAD renewal. I received my gc last week .. as far as the attorney question goes, they did not file any form .. according to them since EAD is valid (it will have your alien registration number ) it takes care of legal status.

[senpal86 6]

57 minutes ago, VG31 said:

You don't need to file any other type of form for Change of Status. This process happens automatically when you use your Advance Parole at the port of entry.

 

My attorney did not used any special form. All they did is they filed my i-485 (AOS) along with EAD and Advance Parole.

 

I will file for EAD and AP renewal 120 days before it expires. 

 

I will also file for my H1B extension as well in July as it will expire in October and will see for how many months I can get an extension as I know I am almost close to exhaust my 6 Years of H1B.

 

I still haven't made a decision whether to use my H1B Visa or Advance Parole to seek entry into USA upon my return from my county later next month. If I end up using Advance Parole while seeking entry then only status will change from H1B to Parolee.

 

You can refer to this site for list of forms -

 

https://citizenpath.com/faq/documents-submit-i-485-aos-packet/

 

Thanks,

Hi @VG31 is your EAD and ap renewed?. If not, then your old EAD and AP should be valid during the entire duration of ur trip. If it gets expired while you were out of the country then your ongoing EAD and ap renewal application and the pending AOS application will be considered as abandoned. 

[VG31 23]

16 hours ago, senpal86 said:

Hi @VG31 is your EAD and ap renewed?. If not, then your old EAD and AP should be valid during the entire duration of ur trip. If it gets expired while you were out of the country then your ongoing EAD and ap renewal application and the pending AOS application will be considered as abandoned. 

@senpal86 - My EAD and AP are still valid until next year February 2020, I will get them renewed some where in October this year.

 

There was a recent change in the process by USCIS when you apply for EAD and AP renewal and if it is still pending then you can still travel abroad as long as your current EAD and AP are valid.

 

"If you file Form I-131, Application for Travel Document, to request an advance parole document and depart the United States without possession of an advance parole document that is valid for the entire time you are abroad, your Form I-131 will be considered abandoned. At times, an individual may have an approved advance parole document while a second one is pending. Individuals may travel on the approved advanced parole document, provided the document is valid for the entire duration of the time abroad. The pending Form I-131 will not be considered abandoned in this situation."

 

https://www.uscis.gov/i-131 , under "Special Instruction" section.

 

Edited May 8, 2019 by VG31

[issea 43]

Since some of you mentioned about H1B and travel, I indeed have a question about my own case. I have a valid H1B, and did my AOS interview about two months ago. But I’m still waiting for the green card since they didn’t have my original I-130 petition at the time of interview. I didn’t apply for EAD and/or AP. 

 

Now my question is

is it safe for me to travel outside the US and re-enter using H1B? I searched around and saw people say it is allowed to do the above and the pending I-485 will be still valid. I just wanna double check with VJs with that knowledge. 

 

Many thanks!

Edited May 10, 2019 by issea

[issea 43]

And the follow up question is: what if they approve my AOS and mail the green card to my US address while I’m traveling abroad? Can I still use H1B to re-enter? 

 

During the travel there will be no one at my home address in the US. So they cannot send the card to me abroad. 

[senpal86 6]

2 hours ago, issea said:

And the follow up question is: what if they approve my AOS and mail the green card to my US address while I’m traveling abroad? Can I still use H1B to re-enter? 

 

During the travel there will be no one at my home address in the US. So they cannot send the card to me abroad. 

Hi @issea 

If ur green card is issued when you are out of the country , your H1B will automatically be cancelled. You can only re-entered by producing the green card .

[senpal86 6]

2 hours ago, issea said:

And the follow up question is: what if they approve my AOS and mail the green card to my US address while I’m traveling abroad? Can I still use H1B to re-enter? 

 

During the travel there will be no one at my home address in the US. So they cannot send the card to me abroad. 

hi @issea, you can travel with ur H1B when AOS is pending. 

[Lauracroft 0]

F2a adjusting from b2 visa. Please help! My congressman has wrote to uscis and they replied that: 1) although is not necessary that an i-130 is approved when a i-485 is filed, it is necessary when it is a family based preference. 2) in families based preferences it is necessary that the person adjusting status has maintained lawful status in usa till the  approval of i-485. I do not believe these are accurate statements I think they will deny my I 485 

[Bhumi 14]

Hey guys I did called to uscis..

They said my case is still under normal processing time..

They processed till 1 Jan 2017..

[Poohmini 1]

On 4/15/2019 at 6:44 PM, markx said:

 

Hi @VG31

 

I am exactly same as you but the branch office is Santa Ana.  But i will move to Seattle in few months.

 

I've been waiting for interview since May last year. The Receipt date for a case inquiry is March 29, 2017 for my case. It is almost a year earlier than my receipt date..

 

How do you know your I-130 is sitting at NBC? Did they approve your I-130?

 

Anyone know is there any way to contact USCIS or field office for this case except case inquiry?

 

Many Thanks

 

Hi all, 

My case is still stuck on waiting for schedule to interview and testing since January 2019. I am waiting for schedule so I can do testing because my lawyer recommended to give at interview. Did u guys do testing  beforehand? Thanks