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Katherine93

Does marriage based AOS denial affect potential H1B application?

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Not sure if I should post here or under the AOS section. But anyway, let me start off with an introduction of my background.

I'm currently on the F1 visa, and could be in status until 2018 (graduating in 2017 + 1 year OPT) if I don't file AOS. My husband is a US citizen and we got married earlier this year. We are planning to file my green card application next year around this time. I'm getting really paranoid over all the possibilities of getting a delay/denial for my AOS. I have a great job offer that I can't afford to lose which requires valid work authorization once I graduate. The company is willing to sponsor. I've done extensive research on this topic but only seemed to find inconsistent answers from both internet and attorneys. I would like some advice from someone who has had same or similar REAL experience before - if for any reason your AOS is denied, does it affect your future H1B applications? Thank you!


08/13/2013 Came to the US on F1 visa

09/26/2013 Met my husband

11/03/2013 Started dating

03/11/2015 Got married at the court house

10/23/2015 Medical exam done

11/04/2015 AOS package mailed out by USPS priority (I130 & I145 concurrent filing)

11/06/2015 Packaged delivered to Chicago Lockbox

11/13/2015 Both checks cashed by USCIS

11/15/2015 Received text msg notification of receipts of I765, I131, I130 and I485

11/19/2015 Received NOA in mail

11/20/2015 Received biometrics appointment letter in the mail

12/04/2015 Biometrics appointment completed

12/09/2015 Case ready to be scheduled for interview

01/25/2016 Submitted online service request for EAD

01/27/2016 I765 case status updated to "New Card Being Produced"

01/28/2016 EAD officially approved and card has been mailed

02/03/2016 EAD/AP combo card received in the mail. YAY!

----------------------------------------------------------------------------------------------------------------------------------------------------------

10/27/2016 EAD/AP renewal application mailed USPS priority

10/29/2016 EAD/AP renewal package delivered to Chicago Lockbox (Saturday)

11/02/2016 Online case status updated to interview scheduled for December 8th

11/12/2016 New medical exam done due to one year validity

12/08/2016 AOS interview and case was APPROVED, new card is being produced

12/12/2016 Received Approval/welcome notice in the mail

12/16/2016 Received conditional green card in the mail

-----------------------------------------------------------------------------------------------------------------------------------------------------------

01/31/2017 Filed for divorce (long story)

07/26/2017 Final divorce decree granted 

08/21/2017 i-751 with divorce waiver package mailed USPS priority 

08/28/2017 NOA/Extension letter received in mail 

11/01/2018 New card is being produced

11/02/2018 Case approved 

11/06/2018 Card has been mailed to me

11/08/2018 Received 10 year green card in mail

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Not sure if I should post here or under the AOS section. But anyway, let me start off with an introduction of my background.

I'm currently on the F1 visa, and could be in status until 2018 (graduating in 2017 + 1 year OPT) if I don't file AOS. My husband is a US citizen and we got married earlier this year. We are planning to file my green card application next year around this time. I'm getting really paranoid over all the possibilities of getting a delay/denial for my AOS. I have a great job offer that I can't afford to lose which requires valid work authorization once I graduate. The company is willing to sponsor. I've done extensive research on this topic but only seemed to find inconsistent answers from both internet and attorneys. I would like some advice from someone who has had same or similar REAL experience before - if for any reason your AOS is denied, does it affect your future H1B applications? Thank you!

Sorry, just realized that I should also ask - if my AOS is pending, can I still apply for H1B and get approved?


08/13/2013 Came to the US on F1 visa

09/26/2013 Met my husband

11/03/2013 Started dating

03/11/2015 Got married at the court house

10/23/2015 Medical exam done

11/04/2015 AOS package mailed out by USPS priority (I130 & I145 concurrent filing)

11/06/2015 Packaged delivered to Chicago Lockbox

11/13/2015 Both checks cashed by USCIS

11/15/2015 Received text msg notification of receipts of I765, I131, I130 and I485

11/19/2015 Received NOA in mail

11/20/2015 Received biometrics appointment letter in the mail

12/04/2015 Biometrics appointment completed

12/09/2015 Case ready to be scheduled for interview

01/25/2016 Submitted online service request for EAD

01/27/2016 I765 case status updated to "New Card Being Produced"

01/28/2016 EAD officially approved and card has been mailed

02/03/2016 EAD/AP combo card received in the mail. YAY!

----------------------------------------------------------------------------------------------------------------------------------------------------------

10/27/2016 EAD/AP renewal application mailed USPS priority

10/29/2016 EAD/AP renewal package delivered to Chicago Lockbox (Saturday)

11/02/2016 Online case status updated to interview scheduled for December 8th

11/12/2016 New medical exam done due to one year validity

12/08/2016 AOS interview and case was APPROVED, new card is being produced

12/12/2016 Received Approval/welcome notice in the mail

12/16/2016 Received conditional green card in the mail

-----------------------------------------------------------------------------------------------------------------------------------------------------------

01/31/2017 Filed for divorce (long story)

07/26/2017 Final divorce decree granted 

08/21/2017 i-751 with divorce waiver package mailed USPS priority 

08/28/2017 NOA/Extension letter received in mail 

11/01/2018 New card is being produced

11/02/2018 Case approved 

11/06/2018 Card has been mailed to me

11/08/2018 Received 10 year green card in mail

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IS the H1b for a non profit?


“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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IS the H1b for a non profit?

No it's not. It will be subject to the Cap. i'm just wondering what would happen if AOS gets denied or delayed. Would I still be able to get H1B (despite the cap) after I apply for AOS?


08/13/2013 Came to the US on F1 visa

09/26/2013 Met my husband

11/03/2013 Started dating

03/11/2015 Got married at the court house

10/23/2015 Medical exam done

11/04/2015 AOS package mailed out by USPS priority (I130 & I145 concurrent filing)

11/06/2015 Packaged delivered to Chicago Lockbox

11/13/2015 Both checks cashed by USCIS

11/15/2015 Received text msg notification of receipts of I765, I131, I130 and I485

11/19/2015 Received NOA in mail

11/20/2015 Received biometrics appointment letter in the mail

12/04/2015 Biometrics appointment completed

12/09/2015 Case ready to be scheduled for interview

01/25/2016 Submitted online service request for EAD

01/27/2016 I765 case status updated to "New Card Being Produced"

01/28/2016 EAD officially approved and card has been mailed

02/03/2016 EAD/AP combo card received in the mail. YAY!

----------------------------------------------------------------------------------------------------------------------------------------------------------

10/27/2016 EAD/AP renewal application mailed USPS priority

10/29/2016 EAD/AP renewal package delivered to Chicago Lockbox (Saturday)

11/02/2016 Online case status updated to interview scheduled for December 8th

11/12/2016 New medical exam done due to one year validity

12/08/2016 AOS interview and case was APPROVED, new card is being produced

12/12/2016 Received Approval/welcome notice in the mail

12/16/2016 Received conditional green card in the mail

-----------------------------------------------------------------------------------------------------------------------------------------------------------

01/31/2017 Filed for divorce (long story)

07/26/2017 Final divorce decree granted 

08/21/2017 i-751 with divorce waiver package mailed USPS priority 

08/28/2017 NOA/Extension letter received in mail 

11/01/2018 New card is being produced

11/02/2018 Case approved 

11/06/2018 Card has been mailed to me

11/08/2018 Received 10 year green card in mail

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Applying for AOS will get you EAD.

I guess it depends on why you are refused adjustment, what are your issues?


“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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Applying for AOS will get you EAD.

I guess it depends on why you are refused adjustment, what are your issues?

Well my husband has a misdemeanor conviction from when he was younger. The conviction itself is very minor but the arrest was a more serious charge that falls under Adam Walsh Act. I have consulted attorneys and the conclusion is that most likely he will not be flagged during the background check. But there is always a small chance that something might come up. In the mean time the company is willing to sponsor my H1B once I graduate from my master's which is in 2017. I just honestly don't want to wait that long and would rather take the chance to file AOS and get in-state tuition and unrestricted employment authorization. That's why I'm wondering if the worst scenario happens (say my AOS got delayed for an unreasonable amount of time or got denied evetually), would I still have a back up plan which is to file H1B?


08/13/2013 Came to the US on F1 visa

09/26/2013 Met my husband

11/03/2013 Started dating

03/11/2015 Got married at the court house

10/23/2015 Medical exam done

11/04/2015 AOS package mailed out by USPS priority (I130 & I145 concurrent filing)

11/06/2015 Packaged delivered to Chicago Lockbox

11/13/2015 Both checks cashed by USCIS

11/15/2015 Received text msg notification of receipts of I765, I131, I130 and I485

11/19/2015 Received NOA in mail

11/20/2015 Received biometrics appointment letter in the mail

12/04/2015 Biometrics appointment completed

12/09/2015 Case ready to be scheduled for interview

01/25/2016 Submitted online service request for EAD

01/27/2016 I765 case status updated to "New Card Being Produced"

01/28/2016 EAD officially approved and card has been mailed

02/03/2016 EAD/AP combo card received in the mail. YAY!

----------------------------------------------------------------------------------------------------------------------------------------------------------

10/27/2016 EAD/AP renewal application mailed USPS priority

10/29/2016 EAD/AP renewal package delivered to Chicago Lockbox (Saturday)

11/02/2016 Online case status updated to interview scheduled for December 8th

11/12/2016 New medical exam done due to one year validity

12/08/2016 AOS interview and case was APPROVED, new card is being produced

12/12/2016 Received Approval/welcome notice in the mail

12/16/2016 Received conditional green card in the mail

-----------------------------------------------------------------------------------------------------------------------------------------------------------

01/31/2017 Filed for divorce (long story)

07/26/2017 Final divorce decree granted 

08/21/2017 i-751 with divorce waiver package mailed USPS priority 

08/28/2017 NOA/Extension letter received in mail 

11/01/2018 New card is being produced

11/02/2018 Case approved 

11/06/2018 Card has been mailed to me

11/08/2018 Received 10 year green card in mail

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