AOS filer, Visa expires, please help!

[flitterbye 0]

Hi, I'm glad I run into this website. Since they changed the uscis website, it hasn't been any help at all, they made it more confusing.

I'm hoping that someone could help me with my dilemna. I'm a k3 and AOS is still pending, done biometrics and they sent me rfes just recently and I'm working on it. My visa is fixing to expire on me, what should I do. Do I need to apply for an extension? My employment will expires on me as well and I already sent them a new application for EAD because I understand that you cannot renew EAD under same status. Please help!

flitterbye

[Cécy 44]

If you already applied for AOS you are not out of status.

As long as you applied you can stay here legally.

I did that when I was waiting to know if my B2 visa extension was approved or not. It's perfectly legal.

Don't worry.

Edit your time line so we can more easily help you.

http://www.visajourney.com/timeline/intro.php

Edited June 23, 2007 by Cécy

[misa 2]

For your EAD, apply as an adjustment applicant, not as a K3 like you did previously.

[Dr_LHA 3]

For your EAD, apply as an adjustment applicant, not as a K3 like you did previously.

Yes, it would appear the OP did that already.

To the OP, don't worry about your visa expiring, you'll have to wait now for your EAD and your green card, but you are in legal status. You might have a gap in EA which may lead to you losing your job if you have one, depending on how on the ball your employer is.

[misa 2]

Yes, it would appear the OP did that already.

Heh, I need more coffee I think because I totally misread the OP.

[flitterbye 0]

Hi,

Thanks for the replys. been only in the job for 8 months and I just had a promotion, raise and benefits a month ago and I'm fixing to loose my job at the end of this month if I don't come up with the renewal for my EAD. INS wont give it to me until after 90 days after I submitted my RFES for my AOS. I only used the card for like 8 months because the INS screwed me up. Took them so long to process my EAD. They lost my paper work, no notice was ever coming. After number of letters to the INS, finally received it after 1 1/2 year. What a bummer!!!

I actually submitted and application for extension, along with the I-765. The extension application came back and it's instructing me to redirect it to another service center in Chicago. It's clear in their instructions that Vermont covers TEXAS. I'm back to this aggravation again. Regarding the RFES, I dont know why they are asking for the same documents I sent them along with my AOS paperwork...Do INS accept clients copy of filed taxes from H&R block?

Again thanks for the replys guys!

flitterbye