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ktong5587

H1B and Greencard concurrent?

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HI, Here is my situation. I came to the US on student visa in 2008 and I am about to graduate in december 2012. I recently got married to a USC and we are trying to petition for greencard. I also got a job but it will not start until Aug 2013 or Oct 2013. The firm is sponsoring visa for me. My question is should i petition my greencard based on marriage first or wait and maintain my F1 visa until company files H1b first? If the greencard petition is not successful, is it going to jeopardize my H1b visa? in another words, can i still apply H1b visa?

Thanks all of you for the help! Any advice is helpful right now.

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*** Thread transferred from Family-Based AOS forum to Work Visas forum, for a larger audience experienced in similar matters. ***


06-04-2007 = TSC stamps postal return-receipt for I-129f.

06-11-2007 = NOA1 date (unknown to me).

07-20-2007 = Phoned Immigration Officer; got WAC#; where's NOA1?

09-25-2007 = Touch (first-ever).

09-28-2007 = NOA1, 23 days after their 45-day promise to send it (grrrr).

10-20 & 11-14-2007 = Phoned ImmOffs; "still pending."

12-11-2007 = 180 days; file is "between workstations, may be early Jan."; touches 12/11 & 12/12.

12-18-2007 = Call; file is with Division 9 ofcr. (bckgrnd check); e-prompt to shake it; touch.

12-19-2007 = NOA2 by e-mail & web, dated 12-18-07 (187 days; 201 per VJ); in mail 12/24/07.

01-09-2008 = File from USCIS to NVC, 1-4-08; NVC creates file, 1/15/08; to consulate 1/16/08.

01-23-2008 = Consulate gets file; outdated Packet 4 mailed to fiancee 1/27/08; rec'd 3/3/08.

04-29-2008 = Fiancee's 4-min. consular interview, 8:30 a.m.; much evidence brought but not allowed to be presented (consul: "More proof! Second interview! Bring your fiance!").

05-05-2008 = Infuriating $12 call to non-English-speaking consulate appointment-setter.

05-06-2008 = Better $12 call to English-speaker; "joint" interview date 6/30/08 (my selection).

06-30-2008 = Stokes Interrogations w/Ecuadorian (not USC); "wait 2 weeks; we'll mail her."

07-2008 = Daily calls to DOS: "currently processing"; 8/05 = Phoned consulate, got Section Chief; wrote him.

08-07-08 = E-mail from consulate, promising to issue visa "as soon as we get her passport" (on 8/12, per DHL).

08-27-08 = Phoned consulate (they "couldn't find" our file); visa DHL'd 8/28; in hand 9/1; through POE on 10/9 with NO hassles(!).

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Why do you think your AOS will not be successful? Are there any red flags? If you file now, that should all be done by April when your employer would petition for the H1B. That being said, you can have two processes going concurrently.


Bye: Penguin

Me: Irish/ Swiss citizen, and now naturalised US citizen. Husband: USC; twin babies born Feb 08 in Ireland and a daughter in Feb 2010 in Arkansas who are all joint Irish/ USC. Did DCF (IR1) in 6 weeks via the Dublin, Ireland embassy and now living in Arkansas.

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Why do you think your AOS will not be successful? Are there any red flags? If you file now, that should all be done by April when your employer would petition for the H1B. That being said, you can have two processes going concurrently.

Well, because we don't live together right now since I am at school, but my job offer is in the state he lives and we have a large amount of information to prove our marriage is real like 14 flight tickets,car insurance ,medical insurance ,joint banks, credit card, Skype,email, family plans. I am just afraid because we live separate, that is going to be a little bit risky and would jeopardize my working visa if the firm needs to apply for me later.

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