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H1B Expires Before Number Becomes Current - what to do ?!

Again, thank you all for your responses!

On a side note, does anyone have any idea why are the numbers going so slow this year? Last year, our number was current in February. This is why we opted for AOS and never thought that we would have to do a CP. Any thoughts?
 
jankes said:
Again, thank you all for your responses!

On a side note, does anyone have any idea why are the numbers going so slow this year? Last year, our number was current in February. This is why we opted for AOS and never thought that we would have to do a CP. Any thoughts?
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You never know the circumstances, even among people who submitted at the exact time, some take up to 90 days to be greened while others take 30 days. In October we had filed for H1B extension on the off chance(!) that we won't be current in time. Guess what, we weren't. I was hoping to be current in November, or December latest based on previous years. It turned out to be January.
Moral of the story is, you have to have a plan, and for you that plan seems to be doing CP.
 
aos13 said:
Agree, you need to talk to an immigration lawyer ASAP. Chances are your number will not be up before your I94 expires, and you definitely do not want that. I wouldn't rely too much on B1/B2 route, doing a CP really seems to be the safe way. You do not want to waste this opportunity by taking chances with immigration regulations.
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We have notified the KCC about our intent to do AOS in May '12. How does a process of switching to CP from AOS look like?

Again, can't thank all of you enough for all the commnets, suggestions, and good vibrations sent our way.
 
I'd send a short explanation letter to KCC with new forms and photos.
Wait for the next bulletin, we never know.
Please keep us posted.
 
kazore said:
I'd send a short explanation letter to KCC with new forms and photos.
Wait for the next bulletin, we never know.
Please keep us posted.
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You'd have to put in the form the consulate in your home country that does CP. You also want to change your address in the forms to somewhere in your home country since you'll be "moving". You need to do your medicals in your home country. Also check the consulate's page since they might have instructions specific to your country (waiving English translations, list of doctors, types of documents etc.). Good luck!

PS: Since you won't have a job in US any more, you need to find out about what kind of financial support you can show. It might be a good idea to start looking for a job offer while still in US.
 
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aos13 said:
PS: Since you won't have a job in US any more, you need to find out about what kind of financial support you can show. It might be a good idea to start looking for a job offer while still in US.
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I am planning on taking unpaid leave of absence from my current job. I will not be paid and will not accrue any benefits. If approved, I will be able to come back to work after I get my EAD. This is per my immigration lawyer's recommendation.
 
jankes said:
I am planning on taking unpaid leave of absence from my current job. I will not be paid and will not accrue any benefits. If approved, I will be able to come back to work after I get my EAD. This is per my immigration lawyer's recommendation.
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Cool, just make sure you get an official offer letter from your employer that states salary, benefits etc.
 
If I was in your shoes, I will wait to see the March 2013 Visa Bulletin - this will have information regarding Visa cut-offs for April and May - and this should be coming out in a couple of days. Better yet, you could give KCC a call from February 5th or so, they usually have information regarding visa cut-off numbers before it is officially released on the visa bulletin website. If you're able to confirm by early February that your number will not be current on May, 1st, I suggest you officially inform KCC of your desire to undergo CP by re-sending DS-230 and DSP-122 for you and your spouse (remember to select the US Embassy in your home country like AOS13 earlier advised).

One of the things you will need for the CP process is a Police Clearance Certificate. Start making inquiries on how to get one from the US since you and your spouse have spent a considerable number of years here. You may need to start making inquiries on how to get one from your home country too and any other applicable place you guys might have lived at.

Should your number become current in May, then I think you should still be okay to do AOS even if your current H status will be expiring on May 21st. Just make sure USCIC receives your I-485 package by May 1st, don't delay in sending it in and fingers crossed you will get an acceptance notification long before May 21st. And I also suggest you speak with a competent immigration lawyer also.

Good luck!
 
Sm1smom said:
If I was in your shoes, I will wait to see the March 2013 Visa Bulletin - this will have information regarding Visa cut-offs for April and May - and this should be coming out in a couple of days. Better yet, you could give KCC a call from February 5th or so, they usually have information regarding visa cut-off numbers before it is officially released on the visa bulletin website. If you're able to confirm by early February that your number will not be current on May, 1st, I suggest you officially inform KCC of your desire to undergo CP by re-sending DS-230 and DSP-122 for you and your spouse (remember to select the US Embassy in your home country like AOS13 earlier advised).

One of the things you will need for the CP process is a Police Clearance Certificate. Start making inquiries on how to get one from the US since you and your spouse have spent a considerable number of years here. You may need to start making inquiries on how to get one from your home country too and any other applicable place you guys might have lived at.

Should your number become current in May, then I think you should still be okay to do AOS even if your current H status will be expiring on May 21st. Just make sure USCIC receives your I-485 package by May 1st, don't delay in sending it in and fingers crossed you will get an acceptance notification long before May 21st. And I also suggest you speak with a competent immigration lawyer also.

Good luck!
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Sm1smom, thank you for an advise. You are wright, we will not take any actions until March bulletin. However we are already planning for the CP option.

Do any of you know, if we can do our medicals here and use them in our home country?
 
Sm1smom said:
Better yet, you could give KCC a call from February 5th or so, they usually have information regarding visa cut-off numbers before it is officially released on the visa bulletin website.
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Do they give this information out over the phone easily?
 
jankes said:
Do they give this information out over the phone easily?
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Yes, they do. One or two people in the forum have called and provided the information to other forum members in the past 2 months or so.

Do any of you know, if we can do our medicals here and use them in our home country?
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Medicals from the US will most likely not be accepted for CP purpose in your home country. Call/email the US Embassy in your home country to confirm.
 
very easily. i did it last month and the lady told me european cut off even without me asking about that.
 
Sm1smom said:
One of the things you will need for the CP process is a Police Clearance Certificate. Start making inquiries on how to get one from the US since you and your spouse have spent a considerable number of years here.
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I was wondering the same thing, they may not have to do that since they'll go through FBI check anyways but it's worth to find out from the consulate. Again consulates have their own list of things for each country (including the doctor list), it is best to contact the consulate ASAP.

Sm1smom said:
Should your number become current in May, then I think you should still be okay to do AOS even if your current H status will be expiring on May 21st. Just make sure USCIC receives your I-485 package by May 1st, don't delay in sending it in and fingers crossed you will get an acceptance notification long before May 21st. And I also suggest you speak with a competent immigration lawyer also.
Good luck!
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I'm still fuzzy about this "pending" status, the NOA letter we receive makes it very clear that it does not give us any status whatsoever. So when can we assume that our case is "pending" hence we are legally in status? Is it when it was received by them or when they sent the text message, or after Bio date or what? Also, if for some reason the application is rejected (say you forgot to sign a form or some other oddity) then you are instantly out of status, and can't resubmit for AOS. It is too risky for my taste. But yes, a competent immigration lawyer should be asked these questions.
 
I'm 2,500 away from being current. EU number picked up !!! AOS is definitely within reach!

All - thanks for kind words of encouragement and prayers. We're so so so happy!
 
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