In addition to @Blade_ ’s above response, I recommend you closely review the Asylum Pending tab/sheet of the AOS Process Spreadsheet. Also take a look at the Asylum Pending tab/sheet of the DV Tracker Spreadsheet (link in the signature section of any of my posts) to read about some of the past selectees who processed AOS from/with asylum pending state.
Can you clarify if your spouse will have a valid H1B status until 2026, why does your derivative status expire at the end of May 2024?
If your status expires while you have submitted your I485 application, you can stay in the US until your case is adjudicated. No problem for attending the interview.
In addition to @Blade_ 's above post:
I and the kids entered on TN and TD's earlier (in 2021 for three yearsf). My spouse also was on TD and then changed her status to H1B recently.
Thank you Mom for the information. My I-94 also expires May'2024 (Canadian on TN). So it appears as long as the status of Main and derivatives are valid at the time of filling I-485, we should be fine going to the interview with a out status situation right?
So how are you on a derivative visa (per your first post) if you entered the US on TN?
Sorry, I meant derivative applicant (for DS-260).
That is correct - technically speaking, you will be in what is know as adjustment pending and not accruing an unlawful presence. You just need to be aware of not having a fall back status if attending the interview after the current status has expired and the GC application is denied for some reason.
Would be it be possible to apply for H4 (since my spouse has a valid H1B status till 2026) while staying in USA if the GC application gets denied or do i have to leave the country and start all over again? or is there something i can do now to prepare for a fall back option? I really appreciate for your time and high quality responses.
If your application get's denied and you have no fall back option, you are considered out of status. You can apply for a derivative visa status before your current status is expired.
You will have no status to change from at that point if the GC were to be denied, so you will need to depart from the US and initiate your return on H4 from outside. Having a valid status throughout the AOS processing duration is what is often recommended for folks. If you're okay with not working, you can initiate the H4 COS a couple of months prior to AOS filing.
Is there even a possibility to renew my TN before submitting I-485?
1. Yes you could, personally I would initiate the COS prior to AOS filing, the COS will take precedent over the AOS application (in case of AOS denial).
I have no idea, that question is outside the realm of the DV based AOS processing guidance that I provide here. You might want to consult an experienced immigration lawyer to help you figure things out in terms of your status prior to filing for AOS (note: I'm not saying you'll need the services of the immigration lawyer to go through the AOS process, the consultation is to help you better understand your options in terms of maintaining your status).
In general, every time you move, you are required to notify USCIS by filing an AR-11, so if you did not previously do submit the change of address form after your move, you need to take care of it now.
Hi mom,
"All noncitizens in the United States must report a change of address to USCIS within 10 days (except A and G visa holders and visa waiver visitors) of moving. This helps ensure that we mail important notices and documents to the right place."
