Here's the background:
I entered the US originally on an F-1 visa and have been working on H-1B for a while. I have been in the US on valid status for many years.
A few years ago, I made a terrible mistake of driving while intoxicated and was subsequently convicted of class 1 misdemeanor (no accident or injuries). There were other charges with it such as breath refusal (civil infraction), no turn signals.. Those were all subsequently dropped as part of a plea agreement. Court mandated alcohol education and have an ignition interlock on my car. However, 6 months in I had an interlock violation and was sent to court by my PO. The reason was it registered a very low BAC that was enough to fail the test. My PO sent me to court because it wasn't cleared within a 10 min timeframe. I entered no contest. That is now resolved - All court fines are paid, classes are done, and interlock is now removed.
Separately, my employer filed for my greencard, but due to delay in processing by the USCIS, I had to file for a 1-year H-1B extension. This extension was timely filed before the H-1B and I-94 expired and it's still pending. I should note that my I-140 is also currently pending. My extension which was originally filed under normal processing took more than 6-7 months to get a RFE, and by that point you know who was in office. We converted to premium processing and it's been pending ever since. There were some what appeared to be deliberate delays in handling the RFEs that extended this process far beyond normal timeframes. and the most recent RFE has a deadline to respond that is past the 1-year mark from my original I-94 expiry.
Key dates for reference:
H-1B expiry - Late July 2024
I-94 expiry - about 10-15 days later
1-year extension filed - Before H-1B expiry
1-year extension RFE deadline - Late Aug 2025
Currently out of work (still employed, but no pay) because of the 240 day rule.
My questions are
1. If this extension is denied, what happens to the authorized stay I was in since last year? Will that be forgiven and would the unlawful presence start the date of denial or would it start from the original I-94 expiry? Am I in the risk for NTA or removal proceedings if this happens?
2. If the extension is approved, after we respond to the RFE, would the new I-94 date be Aug 1, 2025? Is there a likelihood that it would be extended past Aug 1, 2025 since it's already been a year since the petition was filed?
3. Because the RFE deadline is September 15 2025, what happens when we respond to the RFE in September? Because this is a 1-year extension, the approval will be until Aug 11 2025? Would I be in unlawful presence from Aug 11 2025 to whatever date USCIS makes a decision on my petition?
4. I recently got married to a US Citizen, so if I decide to file AOS (I130+I485+I765+I131), what would be the "right" time to do it. Because of a pending I-485, I would automatically be in an authorized stay correct? Because I don't have an underlying legal status right now, would filing AOS grant me an authorized stay? Do I wait to get a decision from the H-1B extension and then file the AOS? Are there any benefits to this?
5. If my intention is to resume working as soon as possible, what are my options other than hoping the I765 gets approved within a couple of months.
6. Easiest is to leave the country, but I am worried about being stuck there for a while and unsure about reentry because of the DUI.
7. Should I file FOIA and get information in the meantime? Are there risks with this?
Given this context, am I missing anything important? Are there any questions I should be asking that I haven’t considered? I’d especially appreciate hearing from anyone with first-hand experience with DUI + AOS timing, H-1B extensions after status expiration, or concurrent filings.
