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Little_My

Am I eligible for the G4 visa while AOS is pending?

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This is a bit of a complicated question, and I'm not sure if anyone here will know the answer to this, but let's see.

I have a pending AOS application (from F1 to LPR). Submitted in March, expecting interview earliest in August, most likely not before September though.

I have a job offer for a multi-national organization, but they will not accept the EAD, since it is a temporary work permit. GC will come too late for this position.

I could, however, get the G4 visa through them.

So. Am I eligible to get the G4 visa while the AOS is pending? I am traveling home to Finland during the summer months for a couple of weeks. Ideally, I would be officially offered a job from this organization, would go to Finland and get the G4 through the consulate there (takes only a few business days), re-enter the US with the G4, and eventually, when I have my interview and hopefully will be issued a GC, I would change from G4 to LPR.

Complicated? A bit. Doable? I don't know. Any thoughts?


Adjustment of Status from F-1 to Legal Permanent Resident

02/11/2011 Married at Manhattan City Hall

03/03/2011 - Day 0 - AOS -package mailed to Chicago Lockbox

03/04/2011 - Day 1 - AOS -package signed for at USCIS

03/09/2011 - Day 6 - E-mail notification received for all petitions

03/10/2011 - Day 7 - Checks cashed

03/11/2011 - Day 8 - NOA 1 received for all 4 forms

03/21/2011 - Day 18 - Biometrics letter received, biometrics scheduled for 04/14/2011

03/31/2011 - Day 28 - Successful walk-in biometrics done

05/12/2011 - Day 70 - EAD Arrived, issued on 05/02

06/14/2011 - Day 103 - E-mail notice: Interview letter mailed, interview scheduled for July 20th

07/20/2011 - Day 139 - Interview at Federal Plaza USCIS location

07/22/2011 - Day 141 - E-mail approval notice received (Card production)

07/27/2011 - Day 146 - 2nd Card Production Email received

07/28/2011 - Day 147 - Post-Decision Activity Email from USCIS

08/04/2011 - Day 154 - Husband returns home from abroad; Welcome Letter and GC have arrived in the mail

("Resident since" date on the GC is 07/20/2011

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Is the G4 visa non immigrant, or does it have dual intent? If it's a dual intent perhaps you can go that route, but if not I wouldn’t risk it. Because then you will be caught in proving you don't intend to immigrate to the US, while you have a GC application pending. If they just deny your visa, that's fine, but you never know if you'll have some overzealous officer who will slap you with some kind of misrepresentation charge. And then you are in trouble for your GC. Also I am pretty sure a US company cannot deny you employment based on future expiration date on your authorization to work. Wouldn’t that rule apply for a foreign organization that operates within US?


07/27/11 - Green Card Interview - Approved
08/05/11 - Received Card!!!

07/09/2013 - Mailed ROC packet to VT SC

07/11/2013 - NOA1 date for ROC

08/13/13 - Bio appointment

Was out of town and had to reschedule BIO apt

I don't remember the exact dates, but it went something like this

Biometrics taken end of Sept

File moved from Vermont to California Center

Green Card Arrived in November

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I don't think anyone on this forum knows that much about G4 visas, from what I have seen - people arguing about them and being generally misinformed. I would ask the office at the UN - they must do this stuff all the time.

However, I think that by getting a new visa you would abandon your AOS process - you would reenter the country as G4 person, NOT as a pending AOS person (with AP). This would be like someone leaving with AP and coming back on their tourist visa - they enter as a tourist, not as a pending AOS person and that doesn't work. You would be required to enter as a G4 person, and my feeling is that that would render your AOS process abandoned.


AOS for my husband
8/17/10: INTERVIEW DAY (day 123) APPROVED!!

ROC:
5/23/12: Sent out package
2/06/13: APPROVED!

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