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Phiberoptic

In or Out of Status? AP application and other perils

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I would greatly appreciate any kind of input given to my situation.

I came to the US on an F-1 in 1998, on my last semester I got hired by a company that sponsored my H-1B. This visa was valid from February 2000 until December 2003 (December 1, 2003 was the date on my I-94).

Now in December 2000, my mother (a US resident/green card holder) applied for an AOS based on family, we got our NOA1 at the end of December of that year and has been in process ever since.

Now, my question is, am I considered "Out of Status" since my H-1B expired on December 1, 2003? But if I had left, wouldn't it had meant that I abandoned my I-130/AOS petition? I'm confused :(

For more references, I got married to my baby (US Citizen) on March 29, 2006 and have applied for AOS on May 5, 2006. I'm asking this because I would need an emergency AP (my father had two strokes in the past month and I haven't seen him since 2003 when he came to visit) and neither my husband or I want to either threaten our application or be denied entry IF I get an AP.

Thank you in advance and I appreciate your input.

Also, do I need my original I-94 for the interview or a copy is enough?

Any other relevant information:

Mother petition AOS filed in TSC in 2000

Husband petition AOS in VSC in 2006

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I would greatly appreciate any kind of input given to my situation.

I came to the US on an F-1 in 1998, on my last semester I got hired by a company that sponsored my H-1B. This visa was valid from February 2000 until December 2003 (December 1, 2003 was the date on my I-94).

Now in December 2000, my mother (a US resident/green card holder) applied for an AOS based on family, we got our NOA1 at the end of December of that year and has been in process ever since.

Now, my question is, am I considered "Out of Status" since my H-1B expired on December 1, 2003? But if I had left, wouldn't it had meant that I abandoned my I-130/AOS petition? I'm confused :(

For more references, I got married to my baby (US Citizen) on March 29, 2006 and have applied for AOS on May 5, 2006. I'm asking this because I would need an emergency AP (my father had two strokes in the past month and I haven't seen him since 2003 when he came to visit) and neither my husband or I want to either threaten our application or be denied entry IF I get an AP.

Thank you in advance and I appreciate your input.

Also, do I need my original I-94 for the interview or a copy is enough?

Any other relevant information:

Mother petition AOS filed in TSC in 2000

Husband petition AOS in VSC in 2006

I am so sorry to hear about your parent. Hope you and your family stay strong during this difficult time.

Here are a few questions for you:

- Did you continue to work after the expiration of your H1B?

- Was there a possibility of your company filing for an extension of H1B (usually H1B are done on the 3+3 method - you work for three and then you get an extension for another three years)

- What status did you put on your application?

H1B is a dual intent, as long as it is a valid one. As far as your AOS (filed by your mom) goes it is my understanding that you have to wait until your preference category become current (someone please correct me if I not saying this correctly). If you happen to be in the US (legally) then you can complete the AOS, if not the process would have been forwarded to the consulate.

As far as the I-94 goes I am assuming they would like to have the original. (Unless you adjusted from F-1 to H1B here, therefore your I-94 would be on your NOA. In that case you should have your I-94 from the entrance on F-1)

I would speak to an attorney before obtaining the AP and I would make sure that all he/she understands all the facts correctly.

Good luck!!!!

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I would greatly appreciate any kind of input given to my situation.

I came to the US on an F-1 in 1998, on my last semester I got hired by a company that sponsored my H-1B. This visa was valid from February 2000 until December 2003 (December 1, 2003 was the date on my I-94).

Now in December 2000, my mother (a US resident/green card holder) applied for an AOS based on family, we got our NOA1 at the end of December of that year and has been in process ever since.

Now, my question is, am I considered "Out of Status" since my H-1B expired on December 1, 2003? But if I had left, wouldn't it had meant that I abandoned my I-130/AOS petition? I'm confused :(

For more references, I got married to my baby (US Citizen) on March 29, 2006 and have applied for AOS on May 5, 2006. I'm asking this because I would need an emergency AP (my father had two strokes in the past month and I haven't seen him since 2003 when he came to visit) and neither my husband or I want to either threaten our application or be denied entry IF I get an AP.

Thank you in advance and I appreciate your input.

Also, do I need my original I-94 for the interview or a copy is enough?

Any other relevant information:

Mother petition AOS filed in TSC in 2000

Husband petition AOS in VSC in 2006

I am so sorry to hear about your parent. Hope you and your family stay strong during this difficult time.

Here are a few questions for you:

- Did you continue to work after the expiration of your H1B?

- Was there a possibility of your company filing for an extension of H1B (usually H1B are done on the 3+3 method - you work for three and then you get an extension for another three years)

- What status did you put on your application?

H1B is a dual intent, as long as it is a valid one. As far as your AOS (filed by your mom) goes it is my understanding that you have to wait until your preference category become current (someone please correct me if I not saying this correctly). If you happen to be in the US (legally) then you can complete the AOS, if not the process would have been forwarded to the consulate.

As far as the I-94 goes I am assuming they would like to have the original. (Unless you adjusted from F-1 to H1B here, therefore your I-94 would be on your NOA. In that case you should have your I-94 from the entrance on F-1)

I would speak to an attorney before obtaining the AP and I would make sure that all he/she understands all the facts correctly.

Good luck!!!!

Thanks, to answer your questions:

- No, I did not work after my H-1B expired

- Yes, there was a possibility for them to renew, but since it was a Telecom company in the mist of the dot com bust, they didn't renew any of their H-1Bs

- Status in the application, yes I put "overstayed" as a friend of mine did (he was on an F-1 and overstayed for quite a bit too). Since he was in a similar situation I tried to follow all what he did in his process (he got his GC after 6 months, his interview was 5 minutes), he and his wife have been to Brazil for a few times already.

My problem is that I cannot wait 6 months.... :(

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Did not you post this already earlier?


09-02-2005 Applications for AOS, EAD, and AP received by MSC

10-21-2005 AOS fingerprint notice for 12-08-2005

11-07-2005 AP approved

12-05-2005 Infopass appt at San Jose office for interim EAD -- Refused, because it is already approved by MSC on 11-07-2005

12-07-2005 Attempt at interim EAD at San Francisco office -- no go. Back to San Jose, where CSO (chief station officer) tells they will contact MSC via email to request permission to issue interim EAD

12-08-2005 Biometrics for AOS and EAD. Having no EAD appt letter was no problem (used EAD NOA)

12-15-2005 EAD arrived in the mail

12-24-2005 Received interview letter; interview scheduled 03-01-2006

01-28-2006 Received replacement SSN card in married name (5 wks since application)

03-01-2006 AOS interview -- approved; received stamp in the passport

03-13-2006 Green card arrived in the mail

---

Filing for removal of conditions

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