AOS: parallel or serial

[sumoni]

I am on an F1 visa, while my husband is on an H1. He is planning to apply for a green card, under two categories simultaneously --- (a) extraordinary ability and (b) outstanding research.

Should we file for our "Adjustment of Status" in parallel with the above two applications? Or wait to file for an AOS, after we learn the fate of the green card applications.

My main concerns are
1. If the green card applications are denied, would the AOS application mess up my F1 status?
2. If we file for an AOS once the green card application is approved, would it be too late for my name to be added to it, so that I can get an EAD card?

What would be the best way to handle this. Any advice/suggestions/tips would be great.

 

[lamonte]

AOS = green card application. EB-x (I-140) which your husband is preparing is something different.

The overriding concern here is processing times. For all their rhethorics the government is doing nothing about it, nor it has any plan to clear the backlogs, so in my opinion nowadays must file concurrently since the monetary risks (losing about $500 per person in AOS application) are nothing compared to the risk of having the decision delayed by years. Look at my case - I could have RD of 11/02 on my I-485 and be well on the way to approval this year, instead it is 08/03 and it's unlikely that my GC will be finished before next Christmas. Of course since you husband plans to file 2 I-140 he will have to decide with which to file I-485's with. Ok, so hopefully by now you have even more question than before so,

1. It will somewhat mess your status, in a sense that you won't be able to leave the country and get a new F-1 stamped in your passport, since it is a nonimmigant visa and you will have declared an intent to immigrate. If you do go the consul will deny you a visa. Of course if you have a multi-year F-1 in your passport it won't matter - you still can use it. I am not certain about I-20 extension - it's been years since I had F-1 and back then it was pretty much automatic and did not involve any statements on my part.

2. No, it's not a problem. Whether now, or after you husband's EB petition is approved you file for AOS simulataneously.

 

[sumoni]

Thanks very much for the detailed informative reply.

My F1 needs to be renewed: if we file the two I-140's and the AOS parallely, and say both I-140 petitions are rejected, then I guess I would be in a mess later, because the consulate would refuse to renew my F1, whenever it is that I travel (given that I had filed for AOS). I guess this is what you're pointing out as the downside.

Two more questions:
Does my name have to be on the I-140 petitions that my husband will file? (So that I may get an EAD card, etc.) Or does my name enter this process only at the AOS stage. (This question arises because I am confused about whether the EAD card is issued automatically upon EB petition approval or whether there is a later step where he can request an EAD card for me.)

If we file for AOS only after at least one I-140 is approved: even if the AOS takes a long time, I can travel as a student, with the "advance parole" (though I will no longer be on F1). Is this right? Or will I have problems in re-entering the country etc? My impression is that the "outstanding researcher" and "extraordinary ability" petitions would be decided on quickly. So would it delay things too much, to wait until my husband's I140 is approved/denied before filing for AOS? (You mention a 9-month delay; is that typical?)


Once again, thanks much for the helpful answer.

 

[lamonte]

Your name only comes into play owhen you file for AOS. That's when you can request an EAD, it is a separate application with a separate fee.
Travelling with AP should be fine.
Nothing is ever "quickly" with INS. If you're a lucky then your service center is Nebraska and their processing time right now is 10 months. Except that it is 10 months for those who filed a while back and they're not exactly speeding up. People don't call them Lincoln Logs for nothing, you know. Also add at least 3 months for the RFE that you are certain to get, and we're already well into 2005, assuming you file this week. Of course you might belong to Vermont, then make it 2006, Christmas time. But then again you know your case better and it is for you to decide whether the risk is worth it.