filing for an AOS from a H-1b status

[cutie_fishball 0]

Hello all-

I am currently a little over 6 months into my first term H-1b visa and I have been an F-1 prior to my current status. I am having plans to marry my fiance soon and I wonder what is the exact process for doing this properly.

After getting a marriage license and filing for an AOS, do I need to apply for EAD given that I am already working full time? Will my H-1b expire once I file for AOS?

I have plans to return to my home country later this year and typicall how long does this AOS take? I assume I will need an AP in order to leave the country.

Are there other things or documents from my home country that I will need for applying the AOS, such as criminal record? Since I am in the US now it will be better if I can know in advance what I will need.

Thanks for your time and I appreciate your efforts in answering my concerns.

[kt180 0]

Hi,

Your H1B will not expire once you file for AOS. You can apply for an EAD, but once you've used it, it will invalidate your H1B status (mere possession of an EAD will not do that).

You don't have to have AP to leave the country and come back since you're on an H1B (dual intent) visa. You can use your H1B visa to re-enter. However it is advisable to apply for AP and EAD just as a back-up since it doesn't cost extra to apply.

AOS duration depends on where you live (what your District Office is). Preliminary processing at the National Benefits Center will take 2-3 months. At the

end of it you will get your EAD and AP. You will then be put on a waiting list for an interview and how long you wait will depend on how efficient your local office is. Time from filing to interview varies widely from 2 months to more than a year. Look at the timelines on this site to get an idea.

You should get a birth certificate from your home country -- that's the only thing I can think of.

Regards,

kt180

[cutie_fishball 0]

Hi,

Your H1B will not expire once you file for AOS. You can apply for an EAD, but once you've used it, it will invalidate your H1B status (mere possession of an EAD will not do that).

You don't have to have AP to leave the country and come back since you're on an H1B (dual intent) visa. You can use your H1B visa to re-enter. However it is advisable to apply for AP and EAD just as a back-up since it doesn't cost extra to apply.

AOS duration depends on where you live (what your District Office is). Preliminary processing at the National Benefits Center will take 2-3 months. At the

end of it you will get your EAD and AP. You will then be put on a waiting list for an interview and how long you wait will depend on how efficient your local office is. Time from filing to interview varies widely from 2 months to more than a year. Look at the timelines on this site to get an idea.

You should get a birth certificate from your home country -- that's the only thing I can think of.

Regards,

kt180

thanks for your reply. I am totally new to this site and it's through friends that I found out about this site. So technically I can file for an AOS then leave and re-enter this country with my current H-1b? Since it takes roughly 2-3 months for the AOS to be processed after it has been filed, I assume I can leave in between without a problem? Or as you say still apply for EAD and AP as a backup? But by doing it, will it deactivate my H-1b once the EAD has been issued and that means I will have problems re-entering if that happen when I am out of the country?

I think I already my original copy of my birth certificate here. If there are anything that I will need from my home country, it will be great if you can let me know. Once again thanks for your answer!

[kt180 0]

Yes, you can file for AOS and then leave the country. However, keep in mind that:

1) about a month after the application is filed you will need to get fingerprinted (you will receive a notice and where to go)

2) USCIS may issue a request for further evidence or RFE that you'll have limited time to respond to

3) You never know when you'll be called for interview -- sometimes it happens as early as 2 months after filing (before EAD and AP have been issued).

It seems that the interview letter arrives about a month or so before the interview.

So you may want to stick around at least until after fingerprinting (say for a couple of months after filing), and you shouldn't stay out

of the country for too long (have someone check your mailbox while you're gone). Applying for AP and EAD

will *not* invalidate your H1B. *Using* the EAD for work will.

I really can't think of anything else you will need from your home country. Perhaps if you want some of your family to write affidavits testifying

to your relationship being genuine, that would be something that you need to get from there.

Also, if you're nervous about this, it may be best to have a consultation with an immigration attorney (which I'm NOT, so don't

take my advice too seriously). They typically charge about $150 for an hour long conversation.

[cutie_fishball 0]

Yes, you can file for AOS and then leave the country. However, keep in mind that:

1) about a month after the application is filed you will need to get fingerprinted (you will receive a notice and where to go)

2) USCIS may issue a request for further evidence or RFE that you'll have limited time to respond to

3) You never know when you'll be called for interview -- sometimes it happens as early as 2 months after filing (before EAD and AP have been issued).

It seems that the interview letter arrives about a month or so before the interview.

So you may want to stick around at least until after fingerprinting (say for a couple of months after filing), and you shouldn't stay out

of the country for too long (have someone check your mailbox while you're gone). Applying for AP and EAD

will *not* invalidate your H1B. *Using* the EAD for work will.

I really can't think of anything else you will need from your home country. Perhaps if you want some of your family to write affidavits testifying

to your relationship being genuine, that would be something that you need to get from there.

Also, if you're nervous about this, it may be best to have a consultation with an immigration attorney (which I'm NOT, so don't

take my advice too seriously). They typically charge about $150 for an hour long conversation.

Thanks and your advice is really helpful. I think I know what to do now