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-   -   Confused: planned on DCF but now entry on H1B then AOS? (https://britishexpats.com/forum/marriage-based-visas-35/confused-planned-dcf-but-now-entry-h1b-then-aos-255617/)

Agileflower Sep 20th 2004 9:04 am

Confused: planned on DCF but now entry on H1B then AOS?
 
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Hello.

My husband (UKC) and I (USC) planned on doing a DCF through the
embassy in Stockholm. Due to a bunch of possibly wonderful
circumstances, we may both have super duper jobs lined up already.

It is not likely I can take my job back home (SF) if I have to stay to
do his DCF paperwork because we still have yet to find a cosponsor and
that whole process would delay my start date. (Stockholm wants the
I130, g325's and the I864s all at once).

So, he started poking around and may be able to get a position if he
can get an H1B visa, which he has had before. I think that the
doctrine of dual intent says that he can enter on the H1B and then AOS
based on marriage.

Q1. Is this the case?

Secondarily, this position of his would be part time....so he wants to
be able to do other work.

Q2. Can he apply for an EAD when we submt his I 485 for AOS or is
there a conflict in holding an H1B and applying for an EAD?

I see that SF is processing EAD applications submitted July 27, 2004.
Q3. Are these any EAD applications or EADs submitted with AOS
applications?
Q4. How long does it take to actually process them?
Q5. Can he go in at 91 days post NOA letter date for an interim EAD
or is that reserved for people who entered on a K1/K3?

Thank yoU SOO Much!



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HunterGreen Sep 20th 2004 9:23 am

Re: Confused: planned on DCF but now entry on H1B then AOS?
 
This is just guesswork on my part, but can't you just file your I-864 and search for a co-sponsor later? I know, and you know, it won't be sufficient, but when they tell you this at the filing and tell you you need a co-sponsor, they might just let you send in the co-sponsor's notarized documents from the US and start processing once they receive them. Especially if you let them know that the reason you need to hurry back to the US is land this great job (bring all paperwork about this with you). Did you already sign the contracts? That would help too, and they might even allow you to sponsor by yourself. Just taking a few stabs at this. I would definitely explore this further before heading into H1-b territory. Good luck!

Elaine :)

alect Sep 20th 2004 3:27 pm

Re: Confused: planned on DCF but now entry on H1B then AOS?
 
Q1 - Yes
Q2 - He can apply. One can hold both but cannot use both. If he applies and start susing his EAD (ie works for non-H1B employer) he abandons nhis H1B at that point.
Q3 - Yes they can be (and mostly are)
Q4 - depends on where submitted and being processed (check processing times)
Q5 - Yes I believe he can (not reserved for any type of visa)

Rete Sep 20th 2004 3:55 pm

Re: Confused: planned on DCF but now entry on H1B then AOS?
 
I believe if the USC has filed taxes all along while living aboard and can show that they have a job awaiting them when they return to the US that the US Consulate in London is fine with that.

Also even though the H-1B is a dual visa, meaning you can adjust status from it either through marriage or through work, it might not be approved at the Consulate level if it is used solely for adjustment purposes.

Rete



Originally Posted by HunterGreen
This is just guesswork on my part, but can't you just file your I-864 and search for a co-sponsor later? I know, and you know, it won't be sufficient, but when they tell you this at the filing and tell you you need a co-sponsor, they might just let you send in the co-sponsor's notarized documents from the US and start processing once they receive them. Especially if you let them know that the reason you need to hurry back to the US is land this great job (bring all paperwork about this with you). Did you already sign the contracts? That would help too, and they might even allow you to sponsor by yourself. Just taking a few stabs at this. I would definitely explore this further before heading into H1-b territory. Good luck!

Elaine :)


Folinskyinla Sep 20th 2004 4:04 pm

Re: Confused: planned on DCF but now entry on H1B then AOS?
 

Originally Posted by Agileflower
**** Post for FREE via your newsreader at post.usenet.com ****

Hello.

My husband (UKC) and I (USC) planned on doing a DCF through the
embassy in Stockholm. Due to a bunch of possibly wonderful
circumstances, we may both have super duper jobs lined up already.

It is not likely I can take my job back home (SF) if I have to stay to
do his DCF paperwork because we still have yet to find a cosponsor and
that whole process would delay my start date. (Stockholm wants the
I130, g325's and the I864s all at once).

So, he started poking around and may be able to get a position if he
can get an H1B visa, which he has had before. I think that the
doctrine of dual intent says that he can enter on the H1B and then AOS
based on marriage.

Q1. Is this the case?

Secondarily, this position of his would be part time....so he wants to
be able to do other work.

Q2. Can he apply for an EAD when we submt his I 485 for AOS or is
there a conflict in holding an H1B and applying for an EAD?

I see that SF is processing EAD applications submitted July 27, 2004.
Q3. Are these any EAD applications or EADs submitted with AOS
applications?
Q4. How long does it take to actually process them?
Q5. Can he go in at 91 days post NOA letter date for an interim EAD
or is that reserved for people who entered on a K1/K3?

Thank yoU SOO Much!



-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=
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Hi:

Your planning sounds fine but for one thing -- H-1b's are numerically restricted. The quotas for FY-04 [ending Sept 30, 2004] has already been exhausted. I just returned from vacation and before I left, the quota for FY-05, starting Oct 1, 2004 was near its limit of being exhausted.

However, there are classifications of H-1b jobs that are NOT subject to the numerical quota.

agileflower Sep 24th 2004 8:15 pm

Re: Confused: planned on DCF but now entry on H1B then AOS?
 

Originally Posted by Folinskyinla
Hi:

Your planning sounds fine but for one thing -- H-1b's are numerically restricted. The quotas for FY-04 [ending Sept 30, 2004] has already been exhausted. I just returned from vacation and before I left, the quota for FY-05, starting Oct 1, 2004 was near its limit of being exhausted.

However, there are classifications of H-1b jobs that are NOT subject to the numerical quota.

Yeah, he unfortunately is not in that category (if he continues on the path of finding legal work)....now, he could teach math, but I don't think he is interested quite yet in doing that....

agileflower Sep 24th 2004 8:19 pm

Re: Confused: planned on DCF but now entry on H1B then AOS?
 

Originally Posted by HunterGreen
This is just guesswork on my part, but can't you just file your I-864 and search for a co-sponsor later? I know, and you know, it won't be sufficient, but when they tell you this at the filing and tell you you need a co-sponsor, they might just let you send in the co-sponsor's notarized documents from the US and start processing once they receive them. Especially if you let them know that the reason you need to hurry back to the US is land this great job (bring all paperwork about this with you). >>



That is something I have not check out with them and I could do on Monday when I phone the Embassy. Good idea!


Did you already sign the contracts? That would help too, and they might even allow you to sponsor by yourself. Just taking a few stabs at this.
I have not signed yet...but if by chance they want me to start NOW I can do some work via the net (at a reduced prorated rate)..which might get me the 'current job' I'd need to file the 864 as a sole sponsor....hmmm....I do have a very very tiny telecommuting consulting gig going but have not worked in a while since I just had a baby--but I have no check stubs (they just deposited my pay at the local bank where my account is), and it's been a while so I wasn't really going to see if that would 'float'....

Thanks for the ideas Elaine!

meauxna Sep 24th 2004 8:45 pm

Re: Confused: planned on DCF but now entry on H1B then AOS?
 

Originally Posted by agileflower
I have not signed yet...but if by chance they want me to start NOW I can do some work via the net (at a reduced prorated rate)..which might get me the 'current job' I'd need to file the 864 as a sole sponsor....hmmm....I do have a very very tiny telecommuting consulting gig going but have not worked in a while since I just had a baby--but I have no check stubs (they just deposited my pay at the local bank where my account is), and it's been a while so I wasn't really going to see if that would 'float'....

Thanks for the ideas Elaine!


AF, that would be a good reason for the bank statements. When I was overseas, I printed mine out from my online banking to use for the I-864.

DCF is going to be 1000X faster than H1-B. Why can't you file the I-130 and go to the US ahead of your husband? He would likely only be a few weeks behind you. The jobs + your assets would seem a compelling case based on what I've read.
Have you ever done a trial run of completing the form and seeing how you could 'sell' your situation in a positive light to the ConOff? I even took my I-864 to the Consulate and had it reviewed before our appointment, to see if it was insufficient or confusing to them in any way.

agileflower Sep 25th 2004 8:57 am

Re: Confused: planned on DCF but now entry on H1B then AOS?
 

Originally Posted by meauxna
AF, that would be a good reason for the bank statements. When I was overseas, I printed mine out from my online banking to use for the I-864.

Ah and they let you use those? Very good-if my old bank account is still available online I can do this....


DCF is going to be 1000X faster than H1-B. Why can't you file the I-130 and go to the US ahead of your husband? He would likely only be a few weeks behind you. The jobs + your assets would seem a compelling case based on what I've read.
I can do that--I have lined up a place to stay for a few weeks if needed--I just want it to go as quickly as possible so we are not separated too long. There is the issue that people are less likely to want to keep me around for more than a few weeks as I have a 7 week old (!) and hotels would be very pricey for that length of time...The estimated time from submission to visa is 8-12 weeks...I know that is nothing compared to how long some people wait for reunion....but it intimidates me...



Have you ever done a trial run of completing the form and seeing how you could 'sell' your situation in a positive light to the ConOff? I even took my I-864 to the Consulate and had it reviewed before our appointment, to see if it was insufficient or confusing to them in any way.
We are quite far from Stockholm but if we could do it, THAT is worth the plane ticket fare. I had no clue they might do that....how did you 'present' yourself? I know you posted a reply to me previously about some of the issues we have, and you were in a similar situation....

Thanks LOADS! You are so helpful!!

meauxna Sep 25th 2004 8:00 pm

Re: Confused: planned on DCF but now entry on H1B then AOS?
 

Originally Posted by agileflower
There is the issue that people are less likely to want to keep me around for more than a few weeks as I have a 7 week old (!) and hotels would be very pricey for that length of time...The estimated time from submission to visa is 8-12 weeks...I know that is nothing compared to how long some people wait for reunion....but it intimidates me...

I can see how making this move alone would be challenging.. a 7 week old! Eek. Puts your not wanting to be seperated in a new context (other than 'suck it up, girl!') ;)

Is it possible to start looking for an apartment you can move to temporarily, or an extended-stay hotel? My mom always says 'Fish & company start to stink after 3 days'. I know that staying in the same home with my folks for 5 weeks started to wear thin after the first week... Then again, I didn't need a babysitter :)


We are quite far from Stockholm but if we could do it, THAT is worth the plane ticket fare. I had no clue they might do that....how did you 'present' yourself? I know you posted a reply to me previously about some of the issues we have, and you were in a similar situation....

Thanks LOADS! You are so helpful!!
You can read our story at the kamya interview site (Athens Greece); I had to make multiple trips to the Consulate and made a point of making aquaintences there. It was also a long trip for me, so I wanted to make the most of my visits. It may be more practical for you to aquaint yourself with the Help Desk person at the Immigrant Visa Unit (even by email or phone) and see if you can enlist them to your cause with a great story (new baby, fab job offer, hub has one too, what can we possibly do to speed things up, situation changed so fast, blah, blah, blah).

Why not d/l a copy of the I-864 and begin filling it out so you can see where you actually stand? Your situation may look better once you have it all in one place. I really think that if you read some of my personal posts from that time (Aug/Sept 02) you might get some ideas as to my attitude and how I presented myself and enlisted the help of a great Consular staff. Do you know, when we went for our final interview, our wedding snaps got passed around the whole IV staff and all were eager to meet my DAH. They'd heard so much about us by that time and maybe they don't get many thrills ;) Also, the CO in charge of approving I-864s was the husband of the Notary and I had met her twice. When I asked her who could check it out for me, she said she'd ask her hub to give it a look while I waited.

Keep in mind that USCs abroad are given a bit more lattitude (at least then.. I do NOT know what effect the NVC role has now) in having life situations that are not cut-n-dried. You have been reading a lot of K visa experiences, and they are quite different from the DCF experiences I've read. You might benefit from reading other DCF stories at kamya as well.

hcj1440 Sep 26th 2004 8:50 am

Re: Confused: planned on DCF but now entry on H1B then AOS?
 

Originally Posted by agileflower
There is the issue that people are less likely to want to keep me around for more than a few weeks as I have a 7 week old (!) and hotels would be very pricey for that length of time...The estimated time from submission to visa is 8-12 weeks...I know that is nothing compared to how long some people wait for reunion....but it intimidates me...

Hi - I think you said you are moving to San Francisco. My husband is from Stockholm and we live in San Francisco so your post caught my eye. I don't have anything to add on the immigration side, but had an idea for you with regard to the housing question. SF has a very active craigslist and you might be able to find either a cheap temporary sublet or a house/petsitting gig for part or all of the time you need - go to www.craigslist.org and look under "housing" - everybody lists their vacancies/sublets/housing-petsitting exchanges there.

Immigration/consular officers have quite a bit of discretion - if you had a letter of employment from your new employer, that might be sufficient for meeting the income requirements, even if you haven't officially started your job yet. Worth a shot anyway. Good luck with everything!

agileflower Sep 26th 2004 7:09 pm

Re: Confused: planned on DCF but now entry on H1B then AOS?
 

Originally Posted by meauxna


Why not d/l a copy of the I-864 and begin filling it out so you can see where you actually stand? Your situation may look better once you have it all in one place. I really think that if you read some of my personal posts from that time (Aug/Sept 02) you might get some ideas as to my attitude and how I presented myself and enlisted the help of a great Consular staff.

SNIP

Keep in mind that USCs abroad are given a bit more lattitude (at least then.. I do NOT know what effect the NVC role has now) in having life situations that are not cut-n-dried. You have been reading a lot of K visa experiences, and they are quite different from the DCF experiences I've read. You might benefit from reading other DCF stories at kamya as well.

I read your kamya story eagerly. Was your DHs income US based? and thank so much for some of the tidbits you put in there....made me ask some more questions on tomorrows fax to the embassy (i cannot always get in by phone but they write answers on the fax and send it back to me!)
I did that last week re police certs....but the OF169 gives different information (say 6 mos or more for country of origin and current residence, 1 year for every other country).....but does that then mean that the embassy told us incorrectly (she said in response to my question about how long "1 year".) I might have hub order some from there anyway. It only adds one or two to the list.

On a sad note...I spent two days solid filling out fillable forms and doing beautimous attachments....and my harddisk took a complete dump on me. Its all gone and to boot no compute (i am on hubs, which he takes to work each day). Grrrrr!

agileflower Sep 26th 2004 7:11 pm

Re: Confused: planned on DCF but now entry on H1B then AOS?
 

Originally Posted by hcj1440
Hi - I think you said you are moving to San Francisco. My husband is from Stockholm and we live in San Francisco so your post caught my eye. I don't have anything to add on the immigration side, but had an idea for you with regard to the housing question. SF has a very active craigslist and you might be able to find either a cheap temporary sublet or a house/petsitting gig for part or all of the time you need - go to www.craigslist.org and look under "housing" - everybody lists their vacancies/sublets/housing-petsitting exchanges there.

Immigration/consular officers have quite a bit of discretion - if you had a letter of employment from your new employer, that might be sufficient for meeting the income requirements, even if you haven't officially started your job yet. Worth a shot anyway. Good luck with everything!

Hi there! We are looking forward to getting home....we moved here from the SF area (to Angelholm near Helsingborg)....quite a difference! As we get closer I will look on CL. I have found roommates that way before, as well as having sold a lot of stuff!

hcj1440 Sep 26th 2004 8:33 pm

Re: Confused: planned on DCF but now entry on H1B then AOS?
 

Originally Posted by agileflower
Hi there! We are looking forward to getting home....we moved here from the SF area (to Angelholm near Helsingborg)....quite a difference! As we get closer I will look on CL. I have found roommates that way before, as well as having sold a lot of stuff!

Ahhh... welcome home in advance then!


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