I-140 just got approved, deciding on applying for AOS soon or wait

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pinoyInDC

Registered Users (C)
Hi,

I just got my I-140 approval this week and since I'm not in retrogression (EB2-Philippines), I'm planning on applying for AOS/EAD/AP. I'm on TN status and its good for another year, should I wait for 90 days since my last admission to US? I've been reading a lot of the posts here and the 90-day rule avoids the non-dual intent of a TN.

Also, as I'm preparing requirements for AOS, any tips on making sure I avoid RFEs?

I really appreciate all your help, this forum has been valuable in this 'ordeal' of getting a GC.

Thanks in advance!
pinoyInDC :)
 
-- No need to wait for 90 days, go ahead for the AOS dude!!

pinoyInDC said:
Hi,

I just got my I-140 approval this week and since I'm not in retrogression (EB2-Philippines), I'm planning on applying for AOS/EAD/AP. I'm on TN status and its good for another year, should I wait for 90 days since my last admission to US? I've been reading a lot of the posts here and the 90-day rule avoids the non-dual intent of a TN.

Also, as I'm preparing requirements for AOS, any tips on making sure I avoid RFEs?

I really appreciate all your help, this forum has been valuable in this 'ordeal' of getting a GC.

Thanks in advance!
pinoyInDC :)
Click to expand...
 
absolutely submit your AOS ASAP! also apply for EAD & AP at the same time. I did AOS a week after getting TN. no problems.
 
Yep do it as soon as possible, you never know when that 90 days might come in handy. When I had done it, I got my new TN in June I think and I filed in July. I had my AP and EAD in hand in under 90 days from when I got my TN in June...
 
Thanks guys for the advice! I will start working with lawyer to finish all documents for AOS. For the biographic data, what if within the 5 yrs they're asking in employment you have gaps in employment... i went for a month vacation before i started a new job under TN as well but i usually cross the border thru land and they dont do any stamping.

Thanks again!

:)
 
pinoyInDC said:
Thanks guys for the advice! I will start working with lawyer to finish all documents for AOS. For the biographic data, what if within the 5 yrs they're asking in employment you have gaps in employment... i went for a month vacation before i started a new job under TN as well but i usually cross the border thru land and they dont do any stamping.

Thanks again!

:)
Click to expand...
it doesn't matter.
 
Thanks again for the help!

I have another question (hehehe) regarding cap-exemptions in H1s. I had an H1 before valid from June 1999-June 2002. However, I've never used it (I did not cross border and come back to US with H1 status) since I was in TN status. I quit the sponsoring company and I think that time transferring to another company using the same H1 was not yet allowed. Since then I've been in TN and haven't left the US for more than a year. Anyways, if I applied today for an H1, will I be cap-exempt or need to file this April. Really appreciate your help.

Thanks in advance!
pinoyInDC :)
 
pinoyInDC said:
Thanks again for the help!

I have another question (hehehe) regarding cap-exemptions in H1s. I had an H1 before valid from June 1999-June 2002. However, I've never used it (I did not cross border and come back to US with H1 status) since I was in TN status. I quit the sponsoring company and I think that time transferring to another company using the same H1 was not yet allowed. Since then I've been in TN and haven't left the US for more than a year. Anyways, if I applied today for an H1, will I be cap-exempt or need to file this April. Really appreciate your help.
Click to expand...
you are not cap exempt
 
TheRealCanadian said:
Yes he is. He's the beneficiary of an H1 petition, and has not been outside of the US for one calendar year since.
Click to expand...

He has never used H1 status (never activated it even if he was a beneficiary) - therefore he is not cap exempt.
 
bigboy00 said:
He has never used H1 status (never activated it even if he was a beneficiary) - therefore he is not cap exempt.
Click to expand...

Hi,
Thanks for all the replies on my questions. Although I did not use the H1 status,
from what I read it does not look like its based on if the beneficiary used the H1 or not but based on counting against the numerical limitation. Does this make sense?

Thanks again!

--------------------------------------------------------------------
INA 214(g)(7)

(7) 2/ Any alien who has already been counted within the 6 years prior to the approval of a petition described in subsection (c), toward the numerical limitations of paragraph (1)(A)shall not again be counted toward those limitations unless the alien would be eligible for a full 6 years of authorized admission at the time the petition is filed. Where multiple petitions are approved for 1 alien, that alien shall be counted only once.
 
bigboy00 said:
He has never used H1 status (never activated it even if he was a beneficiary) - therefore he is not cap exempt.
Click to expand...

There's no concept of "activating" an H1; either he was the beneficiary of a petition that counted against the cap or he wasn't. Wether he ever was in H-1 status is irrelevant.
 
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