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F1 to OPT to H4 to AOS
- Thread starter Izzy120
- Start date
Jackolantern
Registered Users (C)
Have you exited and reentered the US since changing to H4?
Jackolantern
Registered Users (C)
When was your post-graduation unemployment? The 90 day rule took effect on April 8, 2008. Time spent unemployed before that does not count towards the 90 days.
Jackolantern
Registered Users (C)
Infopass won't help. They often give wrong answers or no answers, because they are not highly trained to this level of detail, nor have they seen all the facts and documents related to your case.
What is the basis of your AOS? Which employment or family category would you be in?
What is the basis of your AOS? Which employment or family category would you be in?
Jackolantern
Registered Users (C)
The success of your AOS will depend on the extent of their knowledge of your unemployment and how adverse of an interpretation they have.
A very adverse interpretation would say that your change to H4 status is invalid because your OPT was invalid due to the 90-day unemployment rule, and the H4 being invalid would make your AOS invalid. Of course, you could say that they approved the H4 so it's not invalid, but they could say that the H4 was approved with the expectation that you would leave the US and reenter with the H4 to properly initiate your H4 status. Or that the H4 was approved without them knowing about your length of unemployment until they investigated it during the AOS process, and if they knew about it when you applied for the H4 they would not have approved it.
Note that I'm just playing devil's advocate and I don't actually expect the above to happen. I'm just pointing out possible interpretations if you got a hostile adjudicator evaluating your case.
So you have some options:
1) Go ahead apply for AOS and hope it will be OK.
or
2) Exit the US, reenter with the H4 so you'll have a clean H4 status, and then apply for AOS. This will require H4 passport stamping at a consulate, unless you're Canadian.
or
3) Use consular processing, don't use AOS, so the issue of being in valid status when filing for AOS will be moot.
A very adverse interpretation would say that your change to H4 status is invalid because your OPT was invalid due to the 90-day unemployment rule, and the H4 being invalid would make your AOS invalid. Of course, you could say that they approved the H4 so it's not invalid, but they could say that the H4 was approved with the expectation that you would leave the US and reenter with the H4 to properly initiate your H4 status. Or that the H4 was approved without them knowing about your length of unemployment until they investigated it during the AOS process, and if they knew about it when you applied for the H4 they would not have approved it.
Note that I'm just playing devil's advocate and I don't actually expect the above to happen. I'm just pointing out possible interpretations if you got a hostile adjudicator evaluating your case.
So you have some options:
1) Go ahead apply for AOS and hope it will be OK.
or
2) Exit the US, reenter with the H4 so you'll have a clean H4 status, and then apply for AOS. This will require H4 passport stamping at a consulate, unless you're Canadian.
or
3) Use consular processing, don't use AOS, so the issue of being in valid status when filing for AOS will be moot.
Last edited by a moderator:
Jackolantern
Registered Users (C)
Can they get into a SEVIS record if it has been terminated based on approval of my H4?
Yes, that information is archived in your A-file and is accessible to USCIS.
Jackolantern
Registered Users (C)
If they know or figure out about you exceeding the 90-day unemployment limit from all clues in the totality of the information they find, you could be in problems for AOS, regardless of the reason for the termination of that SEVIS record.