Expiring H1 and 130/485 application

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gmp0119

Registered Users (C)
My H1's expiring soon, and my company already has filed an extension, I have 9 months left on my 6 yr limit. My wife's an USC, and we're planning on applying the 130/485 and other related papers soon. But we're still waiting on a few papers and seems like we won't be able to send in our application until after the expiry date. I have the receipt of the application for extension. Will I still be able to send in my application? Or do I have to wait till the extension comes thru?

Thanks for all the help in advance.
 
I really don't know much about H1, but from what I read in the forums here, it sounds like you can apply for AOS no problem. Do you know how long it will take until the extension?
If it doesn't take too long I would wait until you got the extension, simply because it would look better on your application if your status is still H1, rather than explaining why you are out of status.
But even if you were out of status, I think it would be ok, since you are married to a USC. Just don't wait for more than 180 days after your visa expired!!

Try and call the USCIS customer service number (uscis.gov), they might be able to provide you with better answers, even though they are pretty confusing sometimes... :rolleyes:
Or maybe another H1 here can help you more?
 
You can apply for your AOS if you are going through family based as the spouse of a USC regardless if you get out of status with your current visa. There is no part of the forms that you have to explain why you get out of the status.

So in general you don't have to wait for your extension to file as the spouse of US citizen and you must file the I-130 and your AOS packet concurrently at Chicago Lockbox.

The only situation in getting out of the status is if you are going to apply for Advance Parole then check out the warning about it. If you can mantain your H1B status then you don't need an Advance Parole to travel. If you use your EAD to work instead of your H1B then your H1B gets void and you will only be an adjustee.

Others in this forum are on H1B to LPR (through AOS) so they can explain you way better the rules about H1B extension and waiting periods.


Good luck,
 
gmp0119 said:
My H1's expiring soon, and my company already has filed an extension, I have 9 months left on my 6 yr limit. My wife's an USC, and we're planning on applying the 130/485 and other related papers soon. But we're still waiting on a few papers and seems like we won't be able to send in our application until after the expiry date. I have the receipt of the application for extension. Will I still be able to send in my application? Or do I have to wait till the extension comes thru?

Thanks for all the help in advance.
Click to expand...

I agree with Cherr... I think you should go ahead and file the AOS along with I-765 and I-131 (EAD and AP). You mentioned that you just have 9 months left on your H1B 6yr limit... so applying for EAD would be a good idea. Even though, as Cherr said, being out of status wouldn't matter if your spouse is a USC and your AOS finally gets approved, but having an approved EAD would allow you to continue to work - with the same or another employer.

It's always a good idea to file the papers as early as you can... we (my husband and I) were naive to have waited months before doing so... you never know when the rules may change. Good Luck :)

USC
 
for H1b, once u file extension, ur H1 is automatically extended 240 days while you are waiting. as you only have 9 months left, this is basically all you will get.

I agree with others, file your 485 asap.
 
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