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Illinois

Adjustment from H1 B visa

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Hi All,

I am posting this for our friends. The alien spouse has been in the US for many years, and is currently on an H1 B visa. Once they apply for AOS, is the H1 B visa still valid for work and travel purposes? Or would they also need to apply for work permit and advance parole? I have a vague recollection it is the former, but we never had to read up on those regulations ourselves.

Any information is appreciated. If you know of a similar thread, that would work too. I did search the forums, but could not find the threads that I know were there on the board when we were going through AOS.

Thank you.


Removal of Conditions - Nebraska Service Center

2/23/07 I-751 Notice date

3/23/07 NOA received (typo in name)

3/29/07 Biometric appointment received. Requested rescheduling

4/05/07 Second biometrics appointment received

4/18/07 Biometrics

4/19/07 Case status updated

2/23/08 Petition Congressman - no additional info.

3/03/08 Infopass in Chicago (12-mo extension)

3/19/08 Petition Senator's office

4/01/08 Case transferred - to an unspecified "USCIS office" (e-mail)

4/12/08 Letter - transferred to CSC on 3/27/2008. (typo in name)

4/22/08 Current Status: Card production ordered

4/25/08 Current Status: Approval notice sent; letter from Senator's office - expect 30-60 day wait for USCIS response!

4/26/08 Card arrives (with typo in name)

4/28/08 Card sent back via registered post (mistake to use Reg Post!)

5/05/08 Package delivered at Laguna Niguel, CA

10/02/08 Corrected 10-yr card issued

I-485

03/10/05 AOS interview in Chicago. Conditional PR (2-yr).

03/17/05 CPR card arrives in the mail

AOS thru Chicago DO (from non-immigrant visa category)

7/08/04 Mailed I-130, I-485 & I-765

7/20/04 Fingerprints/biometrics completed.

8/17/04 EAD approved

runcatqe4.jpg

Disclaimer: We are NOT lawyers by profession and all our posts should be viewed with that in mind.

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Hi All,

I am posting this for our friends. The alien spouse has been in the US for many years, and is currently on an H1 B visa. Once they apply for AOS, is the H1 B visa still valid for work and travel purposes?

Yes, it remains valid for work/travel unless one of the following happens:

1) The person stops working for the H-1B sponsoring employer

2) The H-1B expires

3) They use an EAD.

4) Their AOS is approved.

Or would they also need to apply for work permit and advance parole? I have a vague recollection it is the former, but we never had to read up on those regulations ourselves.

No need to get an EAD/AP unless they want to work for a different employer.

BTW - I applied for AOS from an H-1B.

Edited by Dr_LHA

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Dr_LHA

Many thanks for sharing! I have passed on the info to our friends.


Removal of Conditions - Nebraska Service Center

2/23/07 I-751 Notice date

3/23/07 NOA received (typo in name)

3/29/07 Biometric appointment received. Requested rescheduling

4/05/07 Second biometrics appointment received

4/18/07 Biometrics

4/19/07 Case status updated

2/23/08 Petition Congressman - no additional info.

3/03/08 Infopass in Chicago (12-mo extension)

3/19/08 Petition Senator's office

4/01/08 Case transferred - to an unspecified "USCIS office" (e-mail)

4/12/08 Letter - transferred to CSC on 3/27/2008. (typo in name)

4/22/08 Current Status: Card production ordered

4/25/08 Current Status: Approval notice sent; letter from Senator's office - expect 30-60 day wait for USCIS response!

4/26/08 Card arrives (with typo in name)

4/28/08 Card sent back via registered post (mistake to use Reg Post!)

5/05/08 Package delivered at Laguna Niguel, CA

10/02/08 Corrected 10-yr card issued

I-485

03/10/05 AOS interview in Chicago. Conditional PR (2-yr).

03/17/05 CPR card arrives in the mail

AOS thru Chicago DO (from non-immigrant visa category)

7/08/04 Mailed I-130, I-485 & I-765

7/20/04 Fingerprints/biometrics completed.

8/17/04 EAD approved

runcatqe4.jpg

Disclaimer: We are NOT lawyers by profession and all our posts should be viewed with that in mind.

Share this post


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Share on other sites
 
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