questions on AOS application forms

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cornerstone

Registered Users (C)
My husband will become a citizen soon. We are preparing for my AOS package right now. And we have some questions here.

1.He filed I-130 for me in 2001 to CSC when he was a GC holder and the case is still pending. The AOS package instruction says that he can file a new I-130 for me or send a copy of the pending I-130 with I-485. What is the difference in processing time? If he files a new one, what to do with the pending one? Should he withdraw it or send an upgrade request? Anyone has the experience? We will file in San Jose office.

2.Should I put his A# in the application forms? Does he still have the A# once he is a citizen?

3.In form WR-770 Memo to national visa center, it says ¡°If you have an Approval Notice (form I-797), complete the following information, as applicable¡±. Does it refer to the approval notice of I-130? I have two I-797s, both are H-1B approval notice. I changed my employer once. Should I put the information here?

4.My H-1B expired already. I am not with any visa right now. What should I fill in my current immigration status?

Thanks in advance for all your help.
 
Your husband just needs to send a copy of your approval notice and his Naturalization certificate to the district or office filling your case and they will upgrade your pettion to current. If your husband files another I-130 petition again, your case will start all over, and depending on what area you filled, you will be looking at possibly two to three years again. Good luck
 
Thanks VIDASH. I don't have the approval notice of I-130. It is still pending in California Service Center. How long does it take to upgrade the I-130 petition from F2A to IR and get approval? Should we send the request to service center or local office? Should we wait for the approval of I-130 then file I-485?

Any answers to my other questions?

Thanks.
 
Hi
When my husband filed for me he was a green card holder, he became naturalized 8months later and sent a copy of the pending I-130 with some other form of proof that he was now a citizen, they upgraded out AOS to 1R and I got approved exactly a month after that. I am really not sure about the HB procedure, when filling the form just put pending and your receipt # there. Once your husband becomes naturalized, everything moves very fast after that especially since you have been on ther since 2001, they will go according to that date. Good luck
 
Im almost in the same situation as cornerstone is. The only difference is Im on L1 with a valid status. My husband filed I130 for me in 2001 and he will be naturalizing soon. Actually my I130 (in 2001) was filed at California Service Center and now he has moved to Boston. So now the local district office will be Boston.

Not sure whether we have to file another I130 along with AOS or should go with the old one.

In case we keep the old one, what is the procedure to inform BCIS to upgrade the petition from F2A to IR?? And how long does it take?

If we have to file a new one, should we withdraw the old application or it does not matter?? Do we need an attorney to deal this matter??

Any information will be helpful. Thanks.
 
Thank you so much for sharing your experience, VIDASH. Where did you file your AOS package? What is your timeline? Also what is HB procedure?

Thanks.
 
I Filed mine at the VsC. I have gotten my green card and everything already. so I guess I don't have any time line, it all depends on what SC processing your case. You can check for your time line on the uscis.gov.

For Sub123: please read the reply I posted to Cornerstone about the same question you are asking. Good luck. Ps: sorry about the HB thing, for some reason I was thinking about something else and I put it on here. Good luck again
 
I Filed mine at the VsC. I have gotten my green card and everything already. so I guess I don't have any time line, it all depends on what SC processing your case. You can check for your time line on the uscis.gov.

For Sub123: please read the reply I posted to Cornerstone about the same question you are asking. Good luck. Ps: sorry about the HB thing, for some reason I was thinking about something else and I put it on here. Good luck again
 
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