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lazylady

Filing for H1B and AOS concurrently from F1 STEM OPT

By lazylady in Adjustment of Status from Work, Student, & Tourist Visas

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randomstairs Community Regular

randomstairs   266

Posted
Filed: Citizen (apr) Timeline
Posted
14 minutes ago, lazylady said:

Thank you HRQX and geowrian, phew!

 

So far what I understand is:

1. H1B and AOS are independent and thus I can file for AOS now without affecting H1B petition in process

 

2. The 90 day guidance may be an issue and raise more questions during interview, but marrying within 90 days after entry under F1 by itself is not a ground for denial. 
 

My question now is that how should I prep for being asked about this during interview?  How does USCIS show that there was a misrepresentation (or if USCIS usually pursue visa misrepresentation)? 
 

What evidence can I use to counter misrepresentation presumption? Wedding ring receipt dated after my entry? I can’t really think of anything else, because we honestly didn't know this guidance and just married when we felt the time was right. If we had this planned out, we would have looked this up and waited for 90 days.

1. Yes, confirmed.

2. I would collect some evidence of living together since the COVID crises and something to show that your relationship had not been quite as serious before it (change of circumstances, aka 'love in times of COVID'). Anyways, I stand corrected regarding the seriousness of the 90-day rule in your case, so defer to the others.

 

 

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
 
11/14/2022 Filed N-400 online; receipt and biometrics reuse form received online
03/07/2023 N-400 Interview scheduled 
04/xx/2023 N-400 approved, same-day Oath ceremony completed. I'm a US citizen.
05/xx/2023 US passport in hand

 

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cosmonauts Collaborator

cosmonauts   125

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

I got married soon after coming back to the US on a J1 and it was not brought up at AOS interview. If what you're saying here is true, and it is brought up at the interview, then you just tell the truth (that you didn't enter with the intention of getting married).

J-1 212 Residency Requirement Waiver                                                                    Removal of Conditions

08/22/2016 Advisory opinion request                                                                      07/01/2019 Package sent (I-751)

09/30/2016 Finding letter sent *subject*                                                                 07/03/2019 Package received at Pheonix, AZ Lockbox

09/30/2016 Documents received by DOS                                                                07/10/2019 Text notification of Case received, WAC#

12/13/2016 NOS Letter received                                                                               07/12/2019 Received NOA, 18 month extension letter.

01/25/2017 Favorable Recommendation Sent                                                        01/27/2020 Biometrics taken, Pomona CA

02/02/2017 Case received by USCIS                                                                         08/14/2020 Case transferred to NBC

02/2017 Married!                                                                                                            04/02/2021 Interview scheduled

05/17/2017 Approval notice received                                                                       05/10/2021 Interview at San Bernardino office

                                                                                                                                          05/11/2021 Case approved

 

Adjustment Of Status from J-1                                                                                     N-400

05/08/2017 Package sent (I-130, I-485 and I-765)                                                   06/28/2020 Applied Online

05/11/2017 Package received at Chicago Lockbox                                                 07/06/2020 Received NOA

05/18/2017 NOA received with case numbers via mail                                           12/14/2020 Biometrics Reuse Notice

06/06/2017 Had biometrics appointment in Pomona, CA                                       04/02/2021 Interview scheduled

08/07/2017 Sent an online service request on I-765                                                05/10/2021 Interview at San Bernardino office/Decision cannot be made because of I-751 pending

08/17/2017 Letter in the mail saying case still under review                                  05/17/2021 Case recommended for approved, submitted for quality review

08/23/2017 Scheduled for an interview                                                                      05/17/2021 Oath Ceremony will be scheduled

08/26/2017 Sent second SR on I-765                                                                          06/25/2021 Oath Ceremony, San Bernardino Office

08/26/2017 EAD New Card is Being Produced

08/29/2017 EAD card was mailed to me

08/31/2017 EAD card received in the mail

09/25/2017  Interview at San Bernardino office/GC approved

09/25/2017 GC is being produced

09/28/2017 GC was mailed to me

09/30/2017 GC received in the mail

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