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Hello all! I'm actually writing this for a fellow friend....I've done all my visa stuff for awhile! (thank goodness, right?) :)

He's currently on an H1B where the company actually sponsored him, so the company name is on card. Currently the situation isn't good, the boss has been firing a lot of people and it's questionable for him whether or not he will be kept around. The boss even made mention that he has the ability to revoke the visa (nice eh?)

So he's engaged, about to marry an American any day now. I recommended he apply for AOS asap (immediately after their wedding), because currently he has a legal visa that has not expired.

Any help would be appreciated. I know if his boss does revoke his visa, he doesn't have any time and he must leave immediately.

I just want to help them apply and see what the best route is. Like I said, since he already has a legal visa, it would be best just to go from there I'm guessing.

Anyone else been in the same situation?


***Removing Conditions***

Submitted I-751: March 4, 2011

Check cashed: March 10, 2011

NOA1: March 8, 2011

Biometrics Appt: April 21, 2011

Early Bio Walk-in: April 7, 2011

Approved: September 7, 2011

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My wife is currently adjusting status from H1B visa. Her understanding is even though one has a contract with a certain company, an employer may fire employee due to performance issues, financial issues within the company. The sponsored employee would then have H1B visa revoked, since the visa is employment-based.

Yes, I think the best route would be to marry American citizen, then file AOS. He would not be out-of-status, but rather pending. Someone please correct me if I'm wrong.


NATURALIZATION
02/15/13 - Mailed N-400
02/19/13 - Received by Phoenix Lockbox (day 01)
02/21/13 - NOA1 issued (day 03)


REMOVAL OF CONDITIONS (WIFE)
02/18/12 - Eligible for Removal of Conditions on Residence
03/23/12 - Mailed I-751 to CSC
03/26/12 - Received by CSC (day 01)
03/31/12 - Received NOA1 (day 06)
05/02/12 - Biometrics done (day 38)
10/23/12 - Received approval email (day 212)
11/01/12 - Received green card (day 221)


IR-2 (STEPDAUGHTER)
06/01/10 - Mailed I-130 petition
06/03/10 - Package delivered to USCIS (day 01)
06/08/10 - NOA1 issued (day 06)
11/03/10 - Received approval email (day 154)
11/08/10 - Received approval notice in mail (day 159)


NATIONAL VISA CENTER (STEPDAUGHTER)
11/08/10 - NVC received case from USCIS
11/09/10 - NVC case # & IIN generated, email addresses given, DS-3032 sent via email & USPS (day 01)
11/16/10 - Received and paid AOS bill (day 08)
11/17/10 - AOS bill marked as PAID; AOS packet express mailed (day 09)
11/19/10 - Received and paid IV bill; DS-3032 accepted (day 11)
11/22/10 - IV bill marked as PAID; IV packet express mailed (day 14)
12/03/10 - Sign-in failed (day 25)
12/09/10 - INTERVIEW SCHEDULED FOR JANUARY 10, 2011 @ 6:45AM
12/28/10 - Medical exam done at SLEC Manila - PASSED! (day 40)
01/10/11 - Interview at USEM Manila - APPROVED! (day 53)
01/21/11 - Stepdaughter received passport with IR-2 visa! (day 64)

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Filed: Citizen (apr) Country: Canada
Timeline

My understanding is that once you file AOS, you are legally allowed to remaining the US until the AOS application [and all associated appeals, if necessary] are adjudicated, one way or the other. The validity of your visa is no longer the thing that determines your status. Once you have filed AOS, the only thing that continues to matter about the visa you entered on, or any other aspect of your PoE, is whether or not you entered with inspection on a legal status. Your legal entrance (under any legal status), and your marriage to a USC is what allows you to AOS. Having AOS'd, you can stay until it is decided.

This is the case with K-1, K-3, and tourist nonimmigrant visas. While I could be wrong, and if so I will hopefully be corrected, I've no reason to think it's any different with an H-1B visa.

In your shoes, I would probably marry and begin AOS as soon as possible. The downside is that a marriage+AOS filed immediately prior to a job-loss may be interpreted by a hostile IO as an attempt to circumvent immigration laws. It would be helpful if you have some documentation that you have had eventual intent to marry for some months before the employment situation became uncertain.

Edited by HeatDeath

DON'T PANIC

"It says wonderful things about the two countries [Canada and the US] that neither one feels itself being inundated by each other's immigrants."

-Douglas Coupland

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I used to have a H work visa - from what i remember I think it's about 30 days to leave the country if you get fired.

I would recommend they get married as soon as they can. While i'm sure he could still file for AOS if he did lose his job and visa since he entered legally, they would likely have a harder time at interview; as the IO might think they just got married since he had to leave the country. Of course if their engagement is well documented i'm sure they'd be fine in the end. But its likely a smoother process to get married and file while his visa is still in good standing.

Good Luck to them!


Nov 6, 2012 N-400 mailed

Nov 7, 2012 N-400 delivered to Phoenix lockbox, signed by Arndt & case priority date

Nov 9, 2012 Case Touched, NOA date

Nov 13, 2012 Got text/e-mail with case number & the check was cashed :)

Nov 14, 2012 Case updated online to say biometrics apt. notice is on its way!

Nov 16, 2012 Received NOA & biometrics apt. letter

Nov 28, 2012 Biometrics apt.

Jan 4, 2013 In line for interview!

Jan 5, 2013 Scheduled for interview!

Jan 10, 2013 Received interview letter

Jan 19, 2013 Received yellow letter dated 1/16 asking me to bring more passport pics to the interview

Feb 11, 2013 Interview

Mar 8, 2013 Got an online update - oath scheduled!

Mar 13, 2013 Oath letter received

Mar 22, 2013 Oath! Officially an American citizen!

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Filed: Citizen (apr) Country: India
Timeline

I used to have a H work visa - from what i remember I think it's about 30 days to leave the country if you get fired.

I would recommend they get married as soon as they can. While i'm sure he could still file for AOS if he did lose his job and visa since he entered legally, they would likely have a harder time at interview; as the IO might think they just got married since he had to leave the country. Of course if their engagement is well documented i'm sure they'd be fine in the end. But its likely a smoother process to get married and file while his visa is still in good standing.

Good Luck to them!

I am in US on an H1B visa and I believe your friend has around 30 days before his visa becomes invalid. When his boss puts in a request to invalidate his visa, USCIS waits 30 days for a visa transfer application to come through before they terminate the visa. In this case if your friend files for AOS, the visa terminating, should not cause a problem.


AOS timeline:

1st March 2010 - AOS packet received at Chicago (I-130, I-485, I-131, I-765)
9th March 2010 - Checks cashed
12th March 2010 - All 4 NOA's received
19th March 2010 - Applications touched biggrin.png
19th March 2010 - Received Biometrics letter for 2nd April
2nd April 2010 - Biometrics done
19th April 2010 - Received interview letter for May 21st biggrin.png
6th May 2010 - All applications touched. Status of I-765 changed to document production, status of I-131 changed to post decision activity.
10th May 2010 - Received approved AP in mail
21st May 2010 - AOS Interview, IO said he will approve the case... waiting for Green card smile.png
27th May 2010 - Received EAD card
17th June 2010 - Approval notice for I-130 received. Also received "Welcome to USA" letter biggrin.png
28th June 2010 - Finally received my GC.... Praise be to God smile.png

16th March 2012 - Sent ROC package
21st March 2012 - NOA1 date
20th April 2012 - Received Biometrics letter for 16th May

December 2012 - Received 10 year GC

01 Nov 2013 - Sent naturalization package

18 Feb 2014 - Oath ceremony done, naturalization complete!!

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Thanks everyone! I've forwarded the information on to him - hopefully it all works out!


***Removing Conditions***

Submitted I-751: March 4, 2011

Check cashed: March 10, 2011

NOA1: March 8, 2011

Biometrics Appt: April 21, 2011

Early Bio Walk-in: April 7, 2011

Approved: September 7, 2011

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