H1B to F2A Visa

[evam08 0]

Hi everyone! I would like to asked if someone has an experience on processing COS or AOS from H1B to F2A. Currently, I have an H1B visa valid for Feb. 2016 and I am already scheduled for a consulate interview in Manila for my F2A visa at the end of April. What are the steps and process on doing COS here in the US? How long would it take? Any feedback is highly appreciated. Thanks everyone.

[Hypnos 6,576]

What exactly have you filed (or was filed on your behalf) and when?

It sounds as if you are pursuing a preference-based immigrant visa on the basis of being the spouse of an LPR, is this the case?

If so, and you have an approved I-130 for which the priority date is now current and you are already in the US legally then pursuing AoS would seem to be a better solution than an interview abroad for an immigrant visa. Since H1-B is dual-intent then this would probably be straightforward.

The issue seems to be that your immigrant visa petition has already been sent to a foreign post who have now scheduled you an interview. I do not know if it is possible to "reclaim" your I-130 from them and have it returned to USCIS to pursue AoS. It may be as simple as cancelling the interview abroad and then filing for AoS here and enclosing a copy of the approval notice for your I-130; hopefully someone else can chime in on that.

You could choose to attend this interview abroad and pursue the immigrant visa, though it may leave you outside the US for a short time while your visa application is processed (they would take your passport to do this, so you wouldn't be able to re-enter the US until you got it back).

Edited April 1, 2013 by Hypnos

[evam08 0]

Thanks Hypnos. My wife which is a LPR filed for F2A visa and PD is already current. I am currently under H1B visa here in the US.

Do you know other supporting documents needed for AoS aside from filing I-485?