Did anyone of you apply for/do H1B while you had a greencard pending?

[SusieQQQ 11,586]

3 minutes ago, exp said:

 

 

If I can return home for the interview from my H1B and re-enter afterwards as LPR, that's even better.

 

 

It’s mainly workable if the case is straightforward. You would need to do medicals in the same country, so would probably need, to be safe, about 2 weeks to get medicals done, do the interview and get your passport with visa back. However, if there is any chance that you might be subject to extended administrative processing (for example if your home country is one where extensive security checks for US immigrants, especially males, is usually a factor) then you’d be better off doing AOS, because yoi could be stuck in your home country for weeks or months if that is the case. One advantage of a H1B is that it is dual intent, so as long as you maintain the conditions of your H status you have authorization to work and you can travel in and out the US without having to wait months for a work permit and advance parole. So you wouldn’t be restricted by AOS in the way that many are, the main downside would be the wait for an actual green card. So - either route can work, but which is better will depend on the specifics of your individual case.

[exp 17]

Thanks for the explanation!

 

Does this mean I can wait until I'm possibly in the US via H1B whether do to AOS or do the interview in the home country? How would I need to "change" this?

 

I hope my case turns fairly "straight forward" ... I've had only good experiences with my home countries' US embassy (central European country). I've had F status in the past, my appointments were fast and I always had my passport back within 2 days (and they gave me 5 yrs extension).

 

 

 

[Coco8 1,042]

If you can get the H1B faster, then just do that and AOS for green card while in the US. I think you are just overcomplicating everything. You also need to consider the different travel restrictions; having interviews in different countries is not going to be easy. You probably have a date by which you need to be in the US and the H1B process is more straightforward for you. I also had an H1B though an university and it was very fast.

 

 

 

 

 

 

[Orangesapples 1,954]

9 hours ago, exp said:

Thanks for the explanation!

 

Does this mean I can wait until I'm possibly in the US via H1B whether do to AOS or do the interview in the home country? How would I need to "change" this?

 

I hope my case turns fairly "straight forward" ... I've had only good experiences with my home countries' US embassy (central European country). I've had F status in the past, my appointments were fast and I always had my passport back within 2 days (and they gave me 5 yrs extension).

 

 

 

If you're from Europe, extended AP is a unlikely. 

 

BTW, transferring a case from the one embassy to another can be done by contacting the new embassy and asking for a transfer. It took 3 months I think back in 2016, no idea how long it's going to take now. 

[SusieQQQ 11,586]

7 minutes ago, Orangesapples said:

If you're from Europe, extended AP is a unlikely. 

 

BTW, transferring a case from the one embassy to another can be done by contacting the new embassy and asking for a transfer. It took 3 months I think back in 2016, no idea how long it's going to take now. 

Seems OP is from Austria so I’d expect it to be quick and easy.

 

Transferring the case via NVC or embassy-to-embassy depends on whether it is already at Montreal or not.

 

8 hours ago, Coco8 said:

If you can get the H1B faster, then just do that and AOS for green card while in the US. I think you are just overcomplicating everything. You also need to consider the different travel restrictions; having interviews in different countries is not going to be easy. You probably have a date by which you need to be in the US and the H1B process is more straightforward for you. I also had an H1B though an university and it was very fast.

 

 

 

 

 

 

Given the timelines OP has suggested it could take a year or more longer to actually get a green card via AOS rather than flying home for interview. He seems to be already DQ if my quick skim of his prior posts on his profile page was accurate. If that were me I’d rather fly home. Some people would say it is far less complicated (in terms of certainty) when you know your interview date will lead to a visa shortly thereafter rather than filing AOS and waiting some unknown amount of time, maybe a year judging by current timelines, for an interview.

[HRQX 4,145]

17 hours ago, exp said:

Why can't I keep the petition active in Montreal if I move somewhere else? Are there any official regulations on that?

https://fam.state.gov/fam/09FAM/09FAM050404.html "Department regulations provide that a post must accept an application from an alien physically present in the consular district even though not a resident in that district, provided the alien expects to remain in the consular district throughout the several months that it normally takes to process an application and is legally able to do so."

12 hours ago, Coco8 said:

You also need to consider the different travel restrictions;

Just a note that OP is spouse of US citizen so can travel directly from Austria to the US.