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sorbolo

From F-1 to H1B or AOS ?

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Filed: F-1 Visa Country: Italy
Timeline

Hi everyone,

I tried to do a little research on this topic before writing on this forum...but couldn't find a situation exactly like mine and still little bit confused. So here I am!

I am currently on F-1 visa (I am a grad student), I will graduate in May and have a job offer which i accepted and will start to work this summer (so the original plan was to file for OPT and for an H1-B). I also have a USC fiancé and we want to get married soon. So we thought that maybe we can marry this summer before I start working and then file for a AOS and let the ball roll (instead of applying for a H1-B but still applying for the OPT which I need to start to work).

Would this road be compatible with the fact that I want to start working in August?

Would I still be permitted to work in US after I file the AOS?

What would happen if something in the process of AOS goes wrong (I am denied) would my F-1 with OPT still be valid and I can apply next April to an H1-B?

Do you think is better/easier to do the H1-B and get married after that and do the AOS from there?

We plan to file the paperwork in Texas but currently I live in the Carolinas. We are planning to have a lawyer assisting us but wanted first to explore if this option is viable or not

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Hi everyone,

I tried to do a little research on this topic before writing on this forum...but couldn't find a situation exactly like mine and still little bit confused. So here I am!

I am currently on F-1 visa (I am a grad student), I will graduate in May and have a job offer which i accepted and will start to work this summer (so the original plan was to file for OPT and for an H1-B). I also have a USC fiancé and we want to get married soon. So we thought that maybe we can marry this summer before I start working and then file for a AOS and let the ball roll (instead of applying for a H1-B but still applying for the OPT which I need to start to work).

Would this road be compatible with the fact that I want to start working in August?

Would I still be permitted to work in US after I file the AOS?

What would happen if something in the process of AOS goes wrong (I am denied) would my F-1 with OPT still be valid and I can apply next April to an H1-B?

Do you think is better/easier to do the H1-B and get married after that and do the AOS from there?

We plan to file the paperwork in Texas but currently I live in the Carolinas. We are planning to have a lawyer assisting us but wanted first to explore if this option is viable or not

Get married and file AOS right away - once done with studies, you can't work unless you have EAD so consider applying for OPT while AOS is in process - also file another EAD with AOS (that one's a freebie). THAT's the only legal way to keep working while AOS in process.

Why do you think your AOS would be denied? You're not adjusting from VWP but from F-1 visa - if you have a bonafide marriage you're fine.

Don't bother with H1B - AOS is the cheapest way to green card.

Unless you have criminal past or are holding something back, you don't need a lawyer - visajourney has good guides on AOS from student visa.


ROC 2009
Naturalization 2010

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Hi Sorbolo,

In my opinion, since you said that you and your fiance are planning on getting married soon if I were in your situation I would just file AOS because when you file for AOS it includes I-765(application for work permit) which when approved will allow you to work while your AOS is pending. Also, when your AOS is approved then you become a conditional LPR already. I think this would save you more time and money if you take this route. I don't think you have to worry about your AOS being denied as long as your marriage is legite. I am not an expert, I am just sharing my opinion with you. :) BTW, I also adjusted from F1 and was approved just 3 weeks ago. :)

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Filed: F-1 Visa Country: Italy
Timeline

First of all, I'd like to thank you for your prompt responses!

I think my only doubt about filing for AOS instead of H1B was that I wanted to be sure I'll able to start to work with my employer whenever I want.

So to summarize if I understand correctly:

I can apply for OPT 90 days before graduation and thus will be able to work with my future employer. Once I receive the OPT with the EAD I can file for AOS and this won't affect the EAD I'll receive thanks to the OPT I've filed.

There is no reason why they should deny my AOS...I am just worried because I am used to Italian bureaucracy I guess! :D

So, does my rephrasing of comments reflect how it should go / work?

One more question: worst case scenario how long would it take from AOS filing to Permanent Resident Card or at least long term EAD?

Thanks a lot again!

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One more question: worst case scenario how long would it take from AOS filing to Permanent Resident Card or at least long term EAD?

It took 69 days for me to get my EAD(valid for 1 year) in hand from the time they started processing my AOS. I think the processing time really depends on how busy your local USCIS office. Some people here got their EAD sooner than I did. I suggest that you and your fiance get married soon so that way you can file for your AOS before August. It will save you a lot of time and money if you just go straight in filing AOS in my opinion. Check out my timeline below to give you an idea :)

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