Question about filing AOS

[fabulous02 1]

Hi,

I have a few questions about filing my AOS:

1. My visa stamp on my passport is expired but I had renewed my H1B petition and have a valid petition now. Will having an expired stamp on my passport be an issue?

2. I'm getting married to my fiance who is a US citizen, in Feb. I will file the I-130 and I-485 concurrently. We plan on travelling to my home country in October for a traditional wedding, so I will file the I-131 as well. I know I need to file the I-131 once my I-485 is in pending status. Does anyone know how long it takes for the I-485 to be pending? And how much time after I file I-131 can I legally travel out of US? Am I cutting it close?

3. Wherever it asks for my name in the documents, should I write my maiden name (the name on my visa petition, SSN card etc) ? I will take up my fiance's last name after we get married, and that will probably be the name on the marriage certificate. I'm just confused about which last name to use on the forms.

Thank you in advance for your help.....and wish me luck

[Bobby+Umit 161]

Hi,

I have a few questions about filing my AOS:

1. My visa stamp on my passport is expired but I had renewed my H1B petition and have a valid petition now. Will having an expired stamp on my passport be an issue?

2. I'm getting married to my fiance who is a US citizen, in Feb. I will file the I-130 and I-485 concurrently. We plan on travelling to my home country in October for a traditional wedding, so I will file the I-131 as well. I know I need to file the I-131 once my I-485 is in pending status. Does anyone know how long it takes for the I-485 to be pending? And how much time after I file I-131 can I legally travel out of US? Am I cutting it close?

3. Wherever it asks for my name in the documents, should I write my maiden name (the name on my visa petition, SSN card etc) ? I will take up my fiance's last name after we get married, and that will probably be the name on the marriage certificate. I'm just confused about which last name to use on the forms.

Thank you in advance for your help.....and wish me luck

1. Shouldn't be - since you have a valid visa now.

2. You do not need a 131 since you have a valid H-1 visa and you have filed the I-485 (and is pending with USCIS). Just present the valid H-1 visa when you re-enter the US.

3. Your AOS based on marriage, correct? Use your married name. There are places to put your maiden name, be wary.

Edited January 19, 2010 by Bobby+Umit

[fabulous02 1]

1. Shouldn't be - since you have a valid visa now.

2. You do not need a 131 since you have a valid H-1 visa and you have filed the I-485 (and is pending with USCIS). Just present the valid H-1 visa when you re-enter the US.

3. Your AOS based on marriage, correct? Use your married name. There are places to put your maiden name, be wary.

Thanks for your response. As I understand, once I file my I-485 my visa is no longer valid, since I'm applying for my status to be adjusted. Also, since my visa stamp is expired, if I travel on my visa, I will have to get it re-stamped in my country before I can re-enter US. Which is what I'm trying to avoid by filing for AOS.

Do you also have any insight into the timelines for the I-130, I-483 and I-131 processing?

[Bobby+Umit 161]

Thanks for your response. As I understand, once I file my I-485 my visa is no longer valid, since I'm applying for my status to be adjusted. Also, since my visa stamp is expired, if I travel on my visa, I will have to get it re-stamped in my country before I can re-enter US. Which is what I'm trying to avoid by filing for AOS.

Do you also have any insight into the timelines for the I-130, I-483 and I-131 processing?

Everything I have read says your H-1b is still valid, even if you AOS, unless you use the EAD from the AOS.

You said you renewed your visa - did I misunderstand that? Is your H-1B valid now to work/travel with?

but I had renewed my H1B petition and have a valid petition now

Timelines vary - but it looks to be 3-4 months before you see EAD/AP.

[fabulous02 1]

Everything I have read says your H-1b is still valid, even if you AOS, unless you use the EAD from the AOS.

You said you renewed your visa - did I misunderstand that? Is your H-1B valid now to work/travel with?

Timelines vary - but it looks to be 3-4 months before you see EAD/AP.

ok, let me explain..... I came to US in 2006 and my visa stamp in my passport and my visa petition approval had the expiration date of 28th April 2008. In 2008, my company filed for my H1B petition to be renewed. So my new petition approval has the expiration date of 2012, but since I didn't leave US after my initial visa expired, the visa stamp on my passport still says April 2008.

Now I can leave US on my visa, but if I want to re-enter, I need to have a valid H1B visa stamp on my passport, which I will have to get done in my home country.

About the name to be used on the documents, does every person applying for AOS based on marriage, go through updating their passport, SSN, ID's etc. with their married name, before they apply for AOS? This will take too much time since I am planning on traveling in October. Can this be done in parallel with the AOS? Also if I update my passport with my name, what about the H1B visa stamp that still has my maiden name?

[Bobby+Umit 161]

ok, let me explain..... I came to US in 2006 and my visa stamp in my passport and my visa petition approval had the expiration date of 28th April 2008. In 2008, my company filed for my H1B petition to be renewed. So my new petition approval has the expiration date of 2012, but since I didn't leave US after my initial visa expired, the visa stamp on my passport still says April 2008.

Now I can leave US on my visa, but if I want to re-enter, I need to have a valid H1B visa stamp on my passport, which I will have to get done in my home country.

About the name to be used on the documents, does every person applying for AOS based on marriage, go through updating their passport, SSN, ID's etc. with their married name, before they apply for AOS? This will take too much time since I am planning on traveling in October. Can this be done in parallel with the AOS? Also if I update my passport with my name, what about the H1B visa stamp that still has my maiden name?

Ah - I see. I was under the impression you had a valid H-1B visa.

Then you would use the AP to travel, and use that to re-enter the US upon return.

You do not have to update all your documents before you apply for AOS, you can do it as you have time. (each state has different rules for name changing, you may want to check yours)

If you can't update your passport in the states (some consulates allow this), you should make any travel arrangements with the name used in the passport (maiden name).

Carry a copy of your NOA from the AOS and your marriage certificate to show your "new name". (for documents with the married name) - since you are applying for AOS (to get the greencard) - I wouldn't be to worried about the H-1B visa - since you will be able to work with the EAD/Green card. (and the petition you have was accepted - so that would allow you to work anyway with your existing visa)

[mjusa 0]

I just read this article .. I think this will help to you.. h1b to GC - http://www.tctcworld.com/dotnet/viewforum.php?f=12