Jump to content

H-1B to AOS, waiting period limitations?

2 posts in this topic

Recommended Posts

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. 

Share this post

Link to post
Share on other sites
  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



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

10/17/18: Approved

10/24/18: Green card produced

10/31/18: Green card received





12/1/17: sent

12/14/17: 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



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



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



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.