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nonohmic

H1B to Green Card About to Start

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

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nonohmic Rookie

nonohmic   0

Posted
Filed: AOS (pnd) Country: New Zealand
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Posted

Hi All,

First off wanted to say I'm very glad to have found this forum. I am on a 3 year H1B visa expiring March 2016 and married my long term girlfriend on August 27th. I actually got the H1B position through her friend so we have been together for longer than the visa. I am from New Zealand.

Anyways I was confident I could do this myself but upon looking at the process was thinking I needed a lawyer to make sure everything was in check. But didnt want to pay $2-5k for someone to do something that I could do myself! So very happy to find such a thriving community to double check my steps with. Thanks in advance!!

We have 6 months until my H1B visa runs out, which initially I though would be ok, but now I'm not so sure.

So my first question is, if my H1B runs out, but I have the EAD only (not the green card yet), can I stay in the states?

I have searched extensively online but cannot find the answer.

Many thanks!

J

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Pitaya Grand Master

Pitaya   2,576

Posted
Filed: Lift. Cond. (apr) Country: China
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Posted

~Moved from Fam.-based AOS to WST-based AOS Forum~

~Adjusting from work (H1B) visa~

Completed: K1/K2 (271 days) - AOS/EAD/AP (134 days) - ROC (279 days)

"Si vis amari, ama" - Seneca

 

 

 

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Starkilla09 Proficient

Starkilla09   366

Posted
Filed: Citizen (apr) Country: Cameroon
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Posted (edited)

Thanks mod :)

When your H1B visa runs out in March your EAD tied to it will automatically be void as well even if it still has validity. However since you're married and assuming your spouse is a U.S citizen and you file for adjustment of status to permanent residency, you'll be in a period of authorized stay and won't have to leave the U.S. until your application is adjudicated by USCIS which will take between 4 months to a year to complete. You can also apply for a new EAD and Advance parole which will allow you to still work and travel while you wait for action from USCIS which is free to apply if you file concurrently (I-130, I-485, I-765 & I-131) together. Your new EAD/AP will take 60-90 days to be issued and won't have restrictions on it. The earlier you do it the better coz there's a backlog now nationwide.

Edited by Starkilla09

Adjustment of Status From F-1 Visa.

8/14/2014: Mailed AOS package: I-130, I-485, I-765.

8/18/2014: Accepted in Chicago. Transferred to Nebraska Service Center.

8/21/2014: Received NOA 1. I-130, I-485, I-765 in mail.

8/25/2014: Received biometrics in mail. Scheduled for 9/8/2014

9/24/2014: EAD approved. 36 Days!

10/01/2014: EAD mailed.

10/03/2014: Received EAD card.

10/14/2014: I-485 moved to testing and interview.

1/28/2015: Interview scheduled for 3/4/2015.

1/31/2015: Received interview notice.

3/4/2015: Interview completed and APPROVED!

3/5/2015: Welcome notice mailed and I-130 Approved.

3/10/2015: Welcome notice and I-130 approval notice received.

3/12/2015: Green card mailed.

3/14/2015: Green card delivered.

Removal of Conditions: 

12/14/2016: Mailed I-751.

12/19/2016: NOA issued.

01/26/2017: Biometrics.

05/03/2018: I-751 transfered to NBC.

02/27/2019: Joint I-751/N-400 Interview.

05/14/2019: I-751 APPROVED.

Naturalization:

12/02/2017: Mailed N 400 to Phoenix, AZ Lockbox. (I-751 still pending)

12/05/2017: Package delivered in Phoenix, AZ. Transferred to Harrisonburg Processing Center.

12/07/2017: Notice of action issued. (IOE)

12/26/2017: Biometrics.

01/23/2019: Interview Scheduled for 2/27/2019.

02/27/2019: Joint I-751/N-400 interview. N-400 recommended for approval.

05/16/2019: N-400 APPROVED! Placed in line for oath ceremony.

05/17/2019: Oath ceremony notice mailed.

06/12/2019: Swearing in Ceremony! Finally a U.S. citizen!

 

 

 

 

 

 

 

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nonohmic Rookie

nonohmic   0

Posted
Filed: AOS (pnd) Country: New Zealand
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Posted

Ok thanks. So I will go ahead and file all (I-130, I-485, I-765 & I-131) together now and then when my H1B runs out the new EAD will take effect.

Thanks

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