Adjust of Status from H1b Visa

C

CarmenP

New Member
I have a question about adjust status.
My mom is a US citizen and I am in US under a H1b Visa . She had filed an I-130 that was approved last month and we received a letter from the NVC asking for a Affidavit of Support.
My question is, can I adjust my Status from H1b? If so, what is the form I should use?
I have only 1 year left on my Visa after 5 years in US. What are the probabilities I will get my family based GC before my visa expire?
Thanks a lot,

Carmen
 
CarmenP said:
My question is, can I adjust my Status from H1b?
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Yes, but approval of the I-130 doesn't mean you are eligible to file for adjustment of status yet. What is the priority date of the I-130?

I have only 1 year left on my Visa after 5 years in US. What are the probabilities I will get my family based GC before my visa expire?
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Depends on your priority date and whether you are married.
 
My Priority Date is June 2006 and I am not married.
What are the forms that I should file?
Should I file an I-765 if I want to change my job ( as I am now working under an H1b visa)?

Thanks so much for your help. :)
 
CarmenP said:
My Priority Date is June 2006 and I am not married.
What are the forms that I should file?
Click to expand...

Right now you're not eligible for Adjustment of Status or the benefits related to it such as I-765 (EAD). And it will probably take more than 1 year for them to reach your priority date, as they are currently at April 2005 for the family-based first preference category (1992 and 1995 for Mexico and the Philippines, respectively).

Was consular processing indicated on the I-130? If not, I suggest having your mother file I-824 to switch to consular processing so the case will be at the consulate ahead of time, since it is likely you will have to leave the US before your priority date becomes current. If you get lucky and your PD becomes current before your H1B expires, you can switch back to AOS easily by filing the I-485 and associated forms.
 
So, what you are saying is that I need to wait for my priority date to be current in onder for me to file any paper?
I think they are going pretty fast... hopefully it will be up before my H1b visa expires.
Thanks a lot for your help. :)
 
CarmenP said:
So, what you are saying is that I need to wait for my priority date to be current in onder for me to file any paper?
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Yes.

I think they are going pretty fast... hopefully it will be up before my H1b visa expires.
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Looks like they're going to reach your date shortly before your H1B expires, or shortly after it expires. The second scenario is why I mentioned switching to consular processing if CP was not already selected on the I-130.

That is because if your H1B expires shortly before your PD is current and you have to leave the US, having the case moved to the consulate ahead of time will enable you to get a consular interview faster and return to immigrate sooner. Otherwise, if you wait until the last month when you realize they won't reach your priority date in time, and then you decide to get the case transferred to the consulate, you can expect a 2-4 month lag before the consulate is ready for you.
 
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