H1B FILED AOS along with USC

M

mizx6r

New Member
My situation
Currently on h1b . Visa expiring on jan1X 2014. Marriage to USC less than 6 months .. Bonafide ..
Recently laid off and we sent in paperwork I 864,I130,I 485,I 765 .. G325a on dec 12/2013
got email that national benefits centre is processing my case I 797 receipt .mailed to me .
Following are my questions

1) is it okay if I apply for my h1b extension .. So I can work on a short term project
2)if I am unable to apply for h1b extension , is that LEGAL to stay in USA ?
3)what is the usual processing time for NBC to get EAD
And what time to get Gc(conditional) .
4) I live in Michigan and my USC wife has to travel for 2 months to our home country.. Is that ok .. Will there
any problem with respect to my case , suppose my wifeis away for a month and uscis is at my front door to ask some questions
Does that happen often ?

5) i got i797 notice of action, with an ANUMBER that is different from my h1b copy does this happen
please let me know ..
 
1. To work based on the pending H1B extension, you would have to file the extension before losing your existing H1B status. But it's too late for that now because you already lost your H1B status due to the layoff.

But you filed I-765 for the EAD, so you can use that to work when it arrives.

2. Once your I-485 is properly filed, which apparently is the case because you got the receipt, you can stay in the US legally until the case is decided (but you'll need to wait for EAD or the GC itself to work).

4. It is unusual for them to do a surprise visit at your house. The only times I've read or heard of that happening is with cases that have been pending for a long time (over a year). If it happens, what they'll be looking for is evidence that you're living together ... they'll expect to see her clothes, shoes, accessories and her other possessions; if it looks like you're living alone they'll get more suspicious.

5. Tthe A-number assigned for a green card case is usually not the same as whatever other A-number they gave you for nonimmigrant visa applications or work authorization.
 
Relax, my friend. Your approval is a matter of time. I was under identical circumstances many years ago. You are panicking for no reason. There is no reason for ICE to pursue you (the illegals are keeping them busy) because the day you filed for AOS, you are legally in the country till they decide to reject it. In fact you might be able to file an I131 to get advanced parole and travel with her.
 
newacct said:
just under 3 months

It varies. If it's smooth 3 months. But for some people it's much longer. But it doesn't really matter because once you get the EAD/AP you can work and travel freely.
Click to expand...

thank you , you meant ,,,..... "to get the actual GC it is 3 months" if everything is smooth?
 
You must log in or register to reply here.
Top