Jump to content
kaylaKo

expiring h1b visa

13 posts in this topic

Recommended Posts

a friend of mine has an expiring h1b visa on october 2017, has AOS pending from (F2A petition) with November 2015 as priority date.. Sadly, she can't renew her h1b because this year will be the 6th(max). With the visa bulletin moving very slowly, she's afraid that her h1b visa will expire before the AOS gets approved. The question is should she maintain a valid visa in the US?


I-130

08/20/2015: I-130 package sent  (Priority Date)

12/30/2015: 1-130 Approved

 

06/01/2016: Welcome Letter

 

I-485/I-765/I-131

10/28/2016: AOS Application Package Sent to Chicago (UPS)
10/31/2016: AOS Package Delivered
11/15/2016: E-Notifications received
11/21/2016: NOA received in mail

11/28/2016: Biometrics Appointment Letter received

12/07/2016: Bio metrics Appointment

01/22/2017: EAD is being produced (118 days)

07/03/2017: Interview is Scheduled

08/07/2017: Interview Day

08/08/2017: I-485 approval letter mailed

08/10/2017: permanent resident card mailed

08/14/2017: Received permanent resident card (almost 2 years journey)

 

Share this post


Link to post
Share on other sites

You can not adjust status if you have no status to adjust from.


“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.”

Share this post


Link to post
Share on other sites

Unless your friend's spouse naturalizes, your friend will have to be in status in order to be able to AOS when his or her priority date becomes current.


Entry on VWP to visit then-boyfriend 06/13/2011

Married 06/24/2011

Our first son was born 10/31/2012, our daughter was born 06/30/2014, our second son was born 06/20/2017

AOS Timeline

AOS package mailed 09/06/2011 (Chicago Lockbox)

AOS package signed for by R Mercado 09/07/2011

Priority date for I-485&I-130 09/08/2011

Biometrics done 10/03/2011

Interview letter received 11/18/2011

INTERVIEW DATE!!!! 12/20/2011

Approval e-mail 12/21/2011

Card production e-mail 12/27/2011

GREEN CARD ARRIVED 12/31/2011

Resident since 12/21/2011

ROC Timeline

ROC package mailed to VSC 11/22/2013

NOA1 date 11/26/2013

Biometrics date 12/26/2013

Transfer notice to CSC 03/14/2014

Change of address 03/27/2014

Card production ordered 04/30/2014

10-YEAR GREEN CARD ARRIVED 05/06/2014

N-400 Timeline

N-400 package mailed 09/30/2014

N-400 package delivered 10/01/2014

NOA1 date 10/20/2014

Biometrics date 11/14/2014

Early walk-in biometrics 11/12/2014

In-line for interview 11/23/2014

Interview letter 03/18/2015

Interview date 04/17/2015 ("Decision cannot yet be made.")

In-line for oath scheduling 05/04/2015

Oath ceremony letter dated 05/11/2015

Oath ceremony 06/02/2015

I am a United States citizen!

Share this post


Link to post
Share on other sites

Can't she stay in US even with pending AOS? Her spouse is eligible for citizenship on Jan 2018..


I-130

08/20/2015: I-130 package sent  (Priority Date)

12/30/2015: 1-130 Approved

 

06/01/2016: Welcome Letter

 

I-485/I-765/I-131

10/28/2016: AOS Application Package Sent to Chicago (UPS)
10/31/2016: AOS Package Delivered
11/15/2016: E-Notifications received
11/21/2016: NOA received in mail

11/28/2016: Biometrics Appointment Letter received

12/07/2016: Bio metrics Appointment

01/22/2017: EAD is being produced (118 days)

07/03/2017: Interview is Scheduled

08/07/2017: Interview Day

08/08/2017: I-485 approval letter mailed

08/10/2017: permanent resident card mailed

08/14/2017: Received permanent resident card (almost 2 years journey)

 

Share this post


Link to post
Share on other sites
1 hour ago, kaylaKo said:

Can't she stay in US even with pending AOS? Her spouse is eligible for citizenship on Jan 2018..

She has to stay on status, that is not a status.


“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.”

Share this post


Link to post
Share on other sites

She can stay but she will not be in status. And she can't AOS if she is not in status. It is what it is.

 

If she wants to wait and stay without being in status for over a year that is her decision. She won't be able to do anything until then.


“When starting an immigration journey, the best advice is to understand that sacrifices have to be made; whether it is time, money, or separation or a combination of any or all.” - NuestraUnion

Share this post


Link to post
Share on other sites
2 hours ago, kaylaKo said:

Can't she stay in US even with pending AOS? Her spouse is eligible for citizenship on Jan 2018..

Legally, no.  She'd be out of status and at risk of being subject to deportation if she runs into legal trouble. 

Being eligible for citizenship is not a status. 


USCIS

January 16, 2015 I-130 Mailed, Chi lockbox January 20, 2015 Priority Date, January 21, 2015 NOA1 notice date, Assigned VSC, January 23, 2015 Check Cashed, electronically March 5, 2015 NOA2

NVC

March 27, 2015 NVC received April 6, 2015 Case#, IIN# assigned April 8, 2015 Paid AOS + IV fee Invoices May 5, 2015 AOS + IV package submitted May 11, 2015 Scan Date

June 11, 2015 DS-260 submitted June 25, 2015 False checklist (for ds260).. hello? June 30, 2015 Answered checklist Aug 5, 2015 Escalated to Supervisor review Aug 13, 2015 Case Complete

Consular

Sept 10, 2015 Interview Scheduled Sept 11, 2015 P4 Letter received Sept 21, 2015 file In transit from NVC Sept 23, 2015 file at Embassy

Sept 28, 2015 Medical Oct 14, 2015 Biometrics Oct 15, 2015 Interview (Approved) Oct 19, 2015 IV visa Issued Oct 23, 2015 Passport Pickup

POE

Nov 2, 2015 Entered the US Nov 16, 2015 Applied for SSN, walk-in Nov 20, 2015 Social Security Card recd Jan 15, 2016 GC received

Share this post


Link to post
Share on other sites

Wait, she already has pending AOS so why is everyone saying that she cannot adjust status?

 

How can you have a pending AOS without already having filed the I-485 to adjust status?

 

If she in fact has pending AOS then she can extend the H1B beyond 6 years or work/travel with EAD/AP. No non-immigrant status is required but it's a good idea to maintain H1B until the underlying petition (I-130 in this case) is approved. 

Edited by randomstairs

03/04/2016 AOS (EB2-NIW concurrent with I-485) mailed to Lewisville TX Lockbox
03/07/2016 AOS delivered to USCIS and signed
03/12/2016 Case received by Nebraska Service Center (NSC)
03/14/2016 Text notification received for I-140/I-485/I-765/I-131.
04/08/2016 Biometrics notice received for 04/21
04/13/2016 Biometrics early walk-in completed.
04/15/2016 EAD/AP combo card received in mail.

 

Long wait begins...

 

11/04/2016 I-140/485 cases transferred from Nebraska to TCS
12/01/2016 Prepared package for EAD/AP renewal (expires 04/09/2017)
12/23/2016 USCIS suddenly changes several forms, invalidating my EAD/AP renewal package (not yet sent)
12/27/2016 USCIS suddenly reforms the entire NIW criteria system, replacing a 20 years old one. Uncharted waters. 
01/07/2017 (Saturday!) EAD/AP renewal package with new forms received in Phoenix "reception desk"
01/17/2017 EAD/AP renewal case accepted; text/email with receipt numbers was received
01/30/2017 Law firm finally confirms that USCIS has suspended processing all EB2-NIW cases due to new criteria. 
02/23/2017 USCIS slowly starts adjudicating NIW cases again.
04/21/2017 Extended EAD/AP received in mail. Valid for 2 years. 
05/06/2017 Received a massive RFE on I-140 NIW case.
07/20/2017 RFE response received by USCIS (a very long response with 30 pages of docs)
09/14/2017 I-140 NIW approved!!! 
11/28/2017 RFE for new medical issued (plus another request re Supp J for employment which is clearly issued in error)
12/04/2017 RFE received in mail
12/07/2017 repeated medical exam for I-485
12/08/2017 Attorney receives documents for responding to I-485 RFE
12/21/2017 Response to RFE received by USCIS 
02/09/2018 I-485 approval (text, email) :)
02/08/2018 I-485 approval notice issued (the "welcome letter") - I'm LPR now
02/16/2018 Green card received

 

Share this post


Link to post
Share on other sites
On 1/1/2017 at 5:23 PM, Boiler said:

You can not adjust status if you have no status to adjust from.

Of course you can. If your AOS is pending (I-485 filed) you adjust status when it's approved (and become LPR). Now, whether you can file for AOS with no status is a different question. No?


03/04/2016 AOS (EB2-NIW concurrent with I-485) mailed to Lewisville TX Lockbox
03/07/2016 AOS delivered to USCIS and signed
03/12/2016 Case received by Nebraska Service Center (NSC)
03/14/2016 Text notification received for I-140/I-485/I-765/I-131.
04/08/2016 Biometrics notice received for 04/21
04/13/2016 Biometrics early walk-in completed.
04/15/2016 EAD/AP combo card received in mail.

 

Long wait begins...

 

11/04/2016 I-140/485 cases transferred from Nebraska to TCS
12/01/2016 Prepared package for EAD/AP renewal (expires 04/09/2017)
12/23/2016 USCIS suddenly changes several forms, invalidating my EAD/AP renewal package (not yet sent)
12/27/2016 USCIS suddenly reforms the entire NIW criteria system, replacing a 20 years old one. Uncharted waters. 
01/07/2017 (Saturday!) EAD/AP renewal package with new forms received in Phoenix "reception desk"
01/17/2017 EAD/AP renewal case accepted; text/email with receipt numbers was received
01/30/2017 Law firm finally confirms that USCIS has suspended processing all EB2-NIW cases due to new criteria. 
02/23/2017 USCIS slowly starts adjudicating NIW cases again.
04/21/2017 Extended EAD/AP received in mail. Valid for 2 years. 
05/06/2017 Received a massive RFE on I-140 NIW case.
07/20/2017 RFE response received by USCIS (a very long response with 30 pages of docs)
09/14/2017 I-140 NIW approved!!! 
11/28/2017 RFE for new medical issued (plus another request re Supp J for employment which is clearly issued in error)
12/04/2017 RFE received in mail
12/07/2017 repeated medical exam for I-485
12/08/2017 Attorney receives documents for responding to I-485 RFE
12/21/2017 Response to RFE received by USCIS 
02/09/2018 I-485 approval (text, email) :)
02/08/2018 I-485 approval notice issued (the "welcome letter") - I'm LPR now
02/16/2018 Green card received

 

Share this post


Link to post
Share on other sites

You can certainly file, you can file for anything.


“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.”

Share this post


Link to post
Share on other sites

Jesus people.  READ and get some facts before you post.  This is no different from someone adjusting off a tourist visa or the VWP.  Go read the policy that was implemented in 2015 and the recent Visa Bulletins.

 

Your friend's wife is fine.

 

AT THE TIME of filing for AOS, she was of legal status and was eligible to file for AOS.  AOS puts her in a period of authorized stay until her case is decided.  She does not need to get another visa.

 

 

Edited by aaron2020

Share this post


Link to post
Share on other sites
12 hours ago, aaron2020 said:

Jesus people.  READ and get some facts before you post.  This is no different from someone adjusting off a tourist visa or the VWP.  Go read the policy that was implemented in 2015 and the recent Visa Bulletins.

 

Your friend's wife is fine.

 

AT THE TIME of filing for AOS, she was of legal status and was eligible to file for AOS.  AOS puts her in a period of authorized stay until her case is decided.  She does not need to get another visa.

 

 

Thank you for clarification aaron2020. Hopefully, the visa bulletin will move faster.


I-130

08/20/2015: I-130 package sent  (Priority Date)

12/30/2015: 1-130 Approved

 

06/01/2016: Welcome Letter

 

I-485/I-765/I-131

10/28/2016: AOS Application Package Sent to Chicago (UPS)
10/31/2016: AOS Package Delivered
11/15/2016: E-Notifications received
11/21/2016: NOA received in mail

11/28/2016: Biometrics Appointment Letter received

12/07/2016: Bio metrics Appointment

01/22/2017: EAD is being produced (118 days)

07/03/2017: Interview is Scheduled

08/07/2017: Interview Day

08/08/2017: I-485 approval letter mailed

08/10/2017: permanent resident card mailed

08/14/2017: Received permanent resident card (almost 2 years journey)

 

Share this post


Link to post
Share on other sites

Obviously once your AOS is pending you are lawfully present and can utilize EAD/AP for work/travel without restrictions. OP, are you sure that your friend's I-485 has been filed? There is one PD for filing and another for final adjudication. If it has been filed, like I said above, no worries. If it has NOT been filed then that's a totally different issue. 


03/04/2016 AOS (EB2-NIW concurrent with I-485) mailed to Lewisville TX Lockbox
03/07/2016 AOS delivered to USCIS and signed
03/12/2016 Case received by Nebraska Service Center (NSC)
03/14/2016 Text notification received for I-140/I-485/I-765/I-131.
04/08/2016 Biometrics notice received for 04/21
04/13/2016 Biometrics early walk-in completed.
04/15/2016 EAD/AP combo card received in mail.

 

Long wait begins...

 

11/04/2016 I-140/485 cases transferred from Nebraska to TCS
12/01/2016 Prepared package for EAD/AP renewal (expires 04/09/2017)
12/23/2016 USCIS suddenly changes several forms, invalidating my EAD/AP renewal package (not yet sent)
12/27/2016 USCIS suddenly reforms the entire NIW criteria system, replacing a 20 years old one. Uncharted waters. 
01/07/2017 (Saturday!) EAD/AP renewal package with new forms received in Phoenix "reception desk"
01/17/2017 EAD/AP renewal case accepted; text/email with receipt numbers was received
01/30/2017 Law firm finally confirms that USCIS has suspended processing all EB2-NIW cases due to new criteria. 
02/23/2017 USCIS slowly starts adjudicating NIW cases again.
04/21/2017 Extended EAD/AP received in mail. Valid for 2 years. 
05/06/2017 Received a massive RFE on I-140 NIW case.
07/20/2017 RFE response received by USCIS (a very long response with 30 pages of docs)
09/14/2017 I-140 NIW approved!!! 
11/28/2017 RFE for new medical issued (plus another request re Supp J for employment which is clearly issued in error)
12/04/2017 RFE received in mail
12/07/2017 repeated medical exam for I-485
12/08/2017 Attorney receives documents for responding to I-485 RFE
12/21/2017 Response to RFE received by USCIS 
02/09/2018 I-485 approval (text, email) :)
02/08/2018 I-485 approval notice issued (the "welcome letter") - I'm LPR now
02/16/2018 Green card received

 

Share this post


Link to post
Share on other sites
 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
- Back to Top -


Important Disclaimer: Please read carefully the Visajourney.com Terms of Service. If you do not agree to the Terms of Service you should not access or view any page (including this page) on VisaJourney.com. Answers and comments provided on Visajourney.com Forums are general information, and are not intended to substitute for informed professional medical, psychiatric, psychological, tax, legal, investment, accounting, or other professional advice. Visajourney.com does not endorse, and expressly disclaims liability for any product, manufacturer, distributor, service or service provider mentioned or any opinion expressed in answers or comments. VisaJourney.com does not condone immigration fraud in any way, shape or manner. VisaJourney.com recommends that if any member or user knows directly of someone involved in fraudulent or illegal activity, that they report such activity directly to the Department of Homeland Security, Immigration and Customs Enforcement. You can contact ICE via email at Immigration.Reply@dhs.gov or you can telephone ICE at 1-866-347-2423. All reported threads/posts containing reference to immigration fraud or illegal activities will be removed from this board. If you feel that you have found inappropriate content, please let us know by contacting us here with a url link to that content. Thank you.
×