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A&B_11.2017

H1b stamping while AOS panding

By A&B_11.2017 in Adjustment of Status from Work, Student, & Tourist Visas

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A&B_11.2017 Rookie

A&B_11.2017   0

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Hi all, 

 

I have H1b, but its not stamped on my passport and I am running through AOS. 

 

My queastion is : 

 

1) Can i go to my home country for stamping ? I dont have Advance payrole yet. please share your experience if you have been gone through. 

2) can i call for expedite processing ? please advice 

3) how long it take for AP to approve ? i have passed 70 days after rfe and 150 days after since i have applied. 

 

 

Thannks  you all.... 

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Unlockable Mentor

Unlockable   7,306

Posted
Filed: Citizen (pnd) Country: Dominican Republic
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No reason to expedite if it is not an extreme emergency.

“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 all.” - Unlockable

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geowrian Grand Master

geowrian   22,336

Posted
Filed: Lift. Cond. (pnd) Country: Philippines
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Posted

A cousin's marriage is not a cause for an expedite or emergency AP.

Timelines:

ROC:

Spoiler

7/27/20: Sent forms to Dallas lockbox, 7/30/20: Received by USCIS, 8/10 NOA1 electronic notification received, 8/1/ NOA1 hard copy received

AOS:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago, 9/27/17: received by USCIS, 10/4/17: NOA1 electronic notification received, 10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received, 10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update), 1/5/18: EAD + AP mailed, 1/8/18: EAD + AP approval notice hardcopies received, 1/10/18: EAD + AP received

9/5/18: Interview scheduled notice, 10/17/18: Interview

10/24/18: Green card produced notice, 10/25/18: Formal approval, 10/31/18: Green card received

K-1:

Spoiler

I-129F

12/1/16: sent, 12/14/16: NOA1 hard copy received, 3/10/17: RFE (IMB verification), 3/22/17: RFE response received

3/24/17: Approved! , 3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received, 4/12/2017: Sent to Riyadh embassy, 4/16/2017: Case received at Riyadh embassy, 4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

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geowrian Grand Master

geowrian   22,336

Posted
Filed: Lift. Cond. (pnd) Country: Philippines
 Timeline
Posted

You are free to request an expedite by calling USCIS, but there's very little to no chance of approval on that basis.

Expedite criteria: https://www.uscis.gov/forms/expedite-criteria

I have not tried it personally, but have seen numerous posts from others who have tried it for a wedding.

 

That said...there may be a path still. Unfortunately, I'm not sure of this myself with changes in the past year. Until the past year, they permitted H-1B visa holders to travel abroad while AOS and AP were processing without abandoning the applications. The rule change this year stopped that process, but I heard at least 1 service center reverted this change.

It sounds very risky IMHO, but it may be something that other members can chime in with or at least something to research on your own. I'm not suggesting this route...just laying it out there as something to look into. I don't personally have an answer here, sorry.

Timelines:

ROC:

Spoiler

7/27/20: Sent forms to Dallas lockbox, 7/30/20: Received by USCIS, 8/10 NOA1 electronic notification received, 8/1/ NOA1 hard copy received

AOS:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago, 9/27/17: received by USCIS, 10/4/17: NOA1 electronic notification received, 10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received, 10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update), 1/5/18: EAD + AP mailed, 1/8/18: EAD + AP approval notice hardcopies received, 1/10/18: EAD + AP received

9/5/18: Interview scheduled notice, 10/17/18: Interview

10/24/18: Green card produced notice, 10/25/18: Formal approval, 10/31/18: Green card received

K-1:

Spoiler

I-129F

12/1/16: sent, 12/14/16: NOA1 hard copy received, 3/10/17: RFE (IMB verification), 3/22/17: RFE response received

3/24/17: Approved! , 3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received, 4/12/2017: Sent to Riyadh embassy, 4/16/2017: Case received at Riyadh embassy, 4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

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NikLR Grand Master

NikLR   13,220

Posted
Filed: Lift. Cond. (apr) Country: Canada
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Posted

~~moved to AOS from work, tourist, and student visa from Ir1/CR1 process and procedures~~

You have brains in your head. You have feet in your shoes. You can steer yourself any direction you choose.  - Dr. Seuss

 

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ajs1984 Contributor

ajs1984   28

Posted
Filed: Citizen (pnd) Country: United Kingdom
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Posted

I am in a similar situation to you (have H-1B approved, hasn't been stamped) and filed AOS in October. The advice I received from an attorney was to not risk travel until the EAD/AP is approved (at which point getting the H-1B stamp is essentially pointless anyway).

 

I think you might have a case to expedite based on your 150 day timescale, but AP is taking >100 days for lots of people right now and if you got RFE'd it might have reset this timescale. Seems unlikely you would get AP, even with an actioned expedite request, in 10 days.

 

Seems like your best option right now is to skip the wedding and stay in the US.

Filed I-130 + I485 Priority Mail: 10/13/2017

Received by USCIS / Priority date: 10/17/2017

NOA1 Text/Emails: 10/25/2017

NOA1 Received by Mail: 10/30/2017

Biometrics Appt Notice by Mail: 11/3/2017

Biometrics Appt: 11/15/2017

Interview Appt Notice by Mail: 1/8/2018

I-485 Case Status Updated Online to 'Interview is Scheduled': 1/9/2018

Interview Appt: 2/7/2018

'Further Review' indicated after Interview: 2/7/2018

I-131 Case Status Updated Online to 'Case Was Approved': 2/8/2018

I-765 Case Status Updated Online to 'Card Was Mailed To Me': 2/8/2018

I-485 Case Status Updated Online to 'New Card Is Being Produced': 2/8/2018

I-797 (Approval) for I-131 + I-765 Received by Mail: 2/9/2018

EAD/AP Combo Card Received by Mail: 2/10/2018

I-485 Case Status Updated Online to 'Card Was Mailed To Me': 2/13/2018

US Permanent Resident Card Received by Mail: 2/16/2018

Filed I-751 Priority Mail: 11/5/2019

NOA1 Text/Emails: 11/13/2019

NOA1 Received by Mail: 11/19/2019

Green card (CR-6) expired: 2/8/2020

Received I-751 biometrics waiver by mail: 7/9/2020

Filed N-400 electronically: 11/10/2020

I-751 'Case was transferred' (to NBC) : 11/17/2020

Received N-400 biometrics waiver by mail: 12/14/2020

I-751 I-797 approval notice received: 6/28/2021

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