How much time for AOS and consular processing / vacation during consular processing

#1
Hello,
my wife lives since 2015 with a H1B in the US. Now this visa has expired and an extension has been requested. In addition, a green card was requested for my wife (EB3). As a spouse, I am listed in I140 as a dependent person.
Our Timeline:
March 30, 2018: H1B renewal requested
April 11, 2018: Green Card Petitions I140, I485, I131, and I765 have been filed (excluding Premium Processing)
30.April 2018: H1B has expired.
May 30, 2018: biometrics appointment for my wife
04.June 2018: I-824 (Consular Processing for me) submitted.
June 15, 2018: I131 and I765 approved
July 26, 2018: RFE received for H1B renewal.

In the RFE, the USCIS requires all papers that are normally obtained before a H1B (Prevailing Wage Request, Job Posting, Labor Certification). When submitting the extension, the employer only enclosed the relevant documents from the first H1B. However, these documents must already be available if the new H1B is to become valid (May 1, 2018).

Now he has contacted an immigration lawyer, who advised him to withdraw the H1B application and instead submit the I907 (Premium Processing) for the I140. This means that we expect a decision in August whether the I140 will be approved or not.
As soon as the I140 is approved, the AOS phase begins for my wife.

How much time does it take to complete the AOS (Philadelphia field office) and Consular Processing (Frankfurt / Germany)?

Is it possible for me to visit my wife between the approval of the I140 and the beginning of the consular processing or is there an entry ban at this time?
 

1AurCitizen

Registered Users (C)
#2
Hello,
my wife lives since 2015 with a H1B in the US. Now this visa has expired and an extension has been requested. In addition, a green card was requested for my wife (EB3). As a spouse, I am listed in I140 as a dependent person.
Our Timeline:
March 30, 2018: H1B renewal requested
April 11, 2018: Green Card Petitions I140, I485, I131, and I765 have been filed (excluding Premium Processing)
30.April 2018: H1B has expired.
May 30, 2018: biometrics appointment for my wife
04.June 2018: I-824 (Consular Processing for me) submitted.
June 15, 2018: I131 and I765 approved
July 26, 2018: RFE received for H1B renewal.

In the RFE, the USCIS requires all papers that are normally obtained before a H1B (Prevailing Wage Request, Job Posting, Labor Certification). When submitting the extension, the employer only enclosed the relevant documents from the first H1B. However, these documents must already be available if the new H1B is to become valid (May 1, 2018).

Now he has contacted an immigration lawyer, who advised him to withdraw the H1B application and instead submit the I907 (Premium Processing) for the I140. This means that we expect a decision in August whether the I140 will be approved or not.
As soon as the I140 is approved, the AOS phase begins for my wife.

How much time does it take to complete the AOS (Philadelphia field office) and Consular Processing (Frankfurt / Germany)?

Is it possible for me to visit my wife between the approval of the I140 and the beginning of the consular processing or is there an entry ban at this time?
Really good questions to ask the immigration lawyer advising you.

You can attempt to visit on an ESTA if you have a German passport? There is always a risk of a denied entry due to a pending immigrant petition. Bolded above is interesting; implies an AOS risk.
 

SusieQQQ

Well-Known Member
#3
Hello,
my wife lives since 2015 with a H1B in the US. Now this visa has expired and an extension has been requested. In addition, a green card was requested for my wife (EB3). As a spouse, I am listed in I140 as a dependent person.
Our Timeline:
March 30, 2018: H1B renewal requested
April 11, 2018: Green Card Petitions I140, I485, I131, and I765 have been filed (excluding Premium Processing)
30.April 2018: H1B has expired.
May 30, 2018: biometrics appointment for my wife
04.June 2018: I-824 (Consular Processing for me) submitted.
June 15, 2018: I131 and I765 approved
July 26, 2018: RFE received for H1B renewal.

In the RFE, the USCIS requires all papers that are normally obtained before a H1B (Prevailing Wage Request, Job Posting, Labor Certification). When submitting the extension, the employer only enclosed the relevant documents from the first H1B. However, these documents must already be available if the new H1B is to become valid (May 1, 2018).

Now he has contacted an immigration lawyer, who advised him to withdraw the H1B application and instead submit the I907 (Premium Processing) for the I140. This means that we expect a decision in August whether the I140 will be approved or not.
As soon as the I140 is approved, the AOS phase begins for my wife.

How much time does it take to complete the AOS (Philadelphia field office) and Consular Processing (Frankfurt / Germany)?

Is it possible for me to visit my wife between the approval of the I140 and the beginning of the consular processing or is there an entry ban at this time?
There’s no entry ban. There will be scepticism. Make sure to bring good evidence that each visit will be short term. You have to have a return ticket on ESTA travel anyway, ensure that you bring evidence of things like ongoing job, apartment rental etc to show you will return.
 

SusieQQQ

Well-Known Member
#4
Really good questions to ask the immigration lawyer advising you.

You can attempt to visit on an ESTA if you have a German passport? There is always a risk of a denied entry due to a pending immigrant petition. Bolded above is interesting; implies an AOS risk.
Can’t adjust status from VWP for non-IR categories?

INA section 245(c)(4) renders aliens admitted under the VWP ineligible to adjust status to that of a person admitted for permanent residence. This provision, however, includes an exception for immediate relatives of U.S. citizens.

https://www.uscis.gov/sites/default...s/2013-1114_AOS_VWP_Entrants_PM_Effective.pdf
 

1AurCitizen

Registered Users (C)
#5
Can’t adjust status from VWP for non-IR categories?

INA section 245(c)(4) renders aliens admitted under the VWP ineligible to adjust status to that of a person admitted for permanent residence. This provision, however, includes an exception for immediate relatives of U.S. citizens.
Ah, that seems to suggest a foreign national spouse of a USC (IR1/CR1-eligible) is an AOS risk if admitted on a VWP passport. OP's "..between the approval of the I140 and the beginning of the consular processing.." wording is of note.

Of course OP hasn't clarified whether he possesses a German passport.
 
#6
Yes, I have a German passport.
I am aware that there is a risk that I will be rejected at the border if I say that I want to visit my wife. For this reason, I have had a H4 visa in the past, but this has expired ( (along with my wife's H1B).
Originally, I had planned to apply for an H4 again when my wife's H1B was extended. But because the plans seem to concentrate on the greencard, I can not get H4 anymore.

If anyone has the question why I did not make an H4 EAD when the green card was filed: I would have had to stay in the US until I got the EAD. That was not possible because I still have a job in Germany. There are strict laws in Germany when you want to quit your job.
 

SusieQQQ

Well-Known Member
#7
Yes, I have a German passport.
I am aware that there is a risk that I will be rejected at the border if I say that I want to visit my wife. For this reason, I have had a H4 visa in the past, but this has expired ( (along with my wife's H1B).
Originally, I had planned to apply for an H4 again when my wife's H1B was extended. But because the plans seem to concentrate on the greencard, I can not get H4 anymore.

If anyone has the question why I did not make an H4 EAD when the green card was filed: I would have had to stay in the US until I got the EAD. That was not possible because I still have a job in Germany. There are strict laws in Germany when you want to quit your job.
Well, the last two sentences should provide you with good evidence for your visits being temporary.
 
#8
I just talked to the lady from our human resources department. She is prepared to make a written statement of the period during which I am on vacation and when I am expected back to work.
 
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