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northcooaster

H-1B to AOS, waiting period limitations?

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Filed: H-1B Visa Country: Germany
Timeline

Hello everyone.

 

I have been in the US for the past 8 years, through a student visa with an OPT extension (Optional Practical Training, adding an extra year to the student visa beyond the date of graduation) and later H-1B visas, the latest of which is valid for roughly another year and a half. Very soon, my fiance and I are planning to get married. She is a US citizen. 

 

Upon reading the material on VisaJourney I came to understand that we need to file for Adjustment of Status after getting married. According to current information, the wait time for the process to complete in our area is currently ~1 year (350 days as of this morning). 

 

Given the length of this wait time, I wish to understand:

  • In the event of a job loss or change (basically an event that affects my H-1B visa), am I allowed to continue my stay?
  • Is the timeline for the EAD the same as for AOS
  • In the event of a potential move, does this affect where we need to file our paperwork? Can we continue the process where we started it, or do we have to file for a transfer?

 

I appreciate your help and input. Thank you. 

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  1. Yes. The pending I-485 grants authorized stay while the case is being processed.
  2. No. EAD is ~4-6 months right now. AOS varies by office.
  3. If you move, you must update your address (AR-11 for you, I-865 for the petitioner). The case should follow where you live.
Edited by geowrian

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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