WanderLustMan

Hey there, my wife and I are looking to adjust my status from H1-B to a permanent residence. We are looking to file shortly and ask for an AP in order to travel. We are planning on moving from NYC to San Francisco come October 1st.

I've asked a lawyer about the process and she said that if I file now, I would need to remain in New York until the process is done (or travel if I have an AP but come back to a residency in NYC).

So my question is if that is indeed true or how big of an issue is the transfer of jurisdiction once we start? If it's not too big of a hassle to change jurisdictions then I'll just do that and file right now.

Any help would be greatly appreciated.

Noorah101

Hi Wander,

You CAN move while your AOS is pending...but there's no guarantee your USCIS mail will catch up with your move. Some people have had nightmare scenarios with losing important mail, transfering the file from one local office to another, missing the interview date because they never got the appointment letter....lots of things can go wrong.

Personally I would avoid moving during the process, but sometimes it can't be helped, and you just have to pray it all gets changed in the system successfully.

As for the AP, I haven't heard that you need to come back to your place of residency. I think you can come back to any POE you wish.

Best Wishes,
Rene

WanderLustMan

So you are saying that the big issue is with the fact that I will have a new forwarded address? Is it an issue of being able to receive mail or is it an issue of with the government and the fact that I actually changed addresses?

An issue I have is that I am looking to file quickly but will have to change apartments come the end of June (lease expiry) and won't have the same address as when I file for the process? I imagine this is a common occurence, so what should I do?

Elvira

AFAIK know, though, employement based AOS applicants are rarly interviewed.

And if they keep the same lawyer (and fill in that blue form - what is it called?), the lawyer would still get copies of any USCIS communications.

I would file. Takes a while, even for H1bs. And wife won't be allowed to work until they file... (unless she has her onw H1b, of ourse). And there's always a chance that something goes wrong. I didn't feel secure here until I had that GC in my sticky hands.

Noorah101

Oh ok...I thought he was doing the marriage-based AOS. I would be afraid of not getting my file transferred correctly from NY to SF. But there will actually then be 2 changes of address after filing....right? Once at the end of June, and another one in October. I don't know, sounds like something I wouldn't do.

Rene

Elvira

But if his company went bust, or he lost his job, or if they changed their minds about sponsoring him, he'd up the creek... etc

I really don't think that if they have a properly designated lawyer, getting mail would be a problem.

In any case, they can keep track on processing date and make an inforpass appointment to check up on their case if they are really worried.

Noorah101

If he isn't filing marriage-based, why does he need AP to travel? I thought H1B's could travel on that visa.

He didn't say he actually has a lawyer. He said he consulted one about the move question.

To the OP - it's not a problem with the government, per say. You are allowed to move. It's a problem with getting your mail from USCIS forwarded to you correctly. USCIS doesn't always allow forwarding of their mail, and if they don't have your current address correct, you could miss getting something. But, if Elvira is correct, and you're filing something employment-based, then perhaps you're not expecting further mail anyway. I don't know about employment-based AOS.

Rene

WanderLustMan

Thank you all for the discussion. Here's some clarification.

I am a Canadian citizen, married to my college girlfriend last summer (US Citizen). I am currently in New York working under an H1B. My wife is finishing law school and we are looking to move out to SF after she takes the bar at the end of July.

We want to do a trip after her bar exam (August and September), hence the need for either an AP or an H1B visa in the meantime.

She has an offer to start working in SF on October 1st.

I think I would have a lawyer here that would allow me receive any mail that the USCIS would have to send. But I thought that the government would send the mail only to the address of the filer, which is me no? Why would they send it to my lawyer and not me?

Elvira

If you appoint a lawyer to deal with your case, he/she will ask you to fill in a form. I think it is called A-68 or something like that.

This form will be submitted with you AOS petition and will ensure that USCIS will send copies of all communications, notices etc to both you and the lawyer.

HTH!

Noorah101

Thanks for the clarifications.

If you have a lawyer on record for your case, USCIS usually sends both you AND your lawyer the same documents. Sometimes you'll receive an original, and your lawyer a photocopy, sometimes vice versa. But if you have a lawyer on record, he should get the same you things you get in the mail...that way, if you miss getting something, he'll have it and can notify you.

Rene

Elvira

You are right, H1bs do not need AP to travel as long as their H1b visa is valid.

As far as I'm aware, unless there is a query or an 'issue', employment-based AOS applicants aren't normally interviewed.

Noorah101

So Elvira was right? Your AOS is employment-based, and not marriage-based?

Just curious.
Rene

Elvira

Actually, reading his original post again, it is no longer clear to me whether the OP is planning to file based on marriage or H1b sponsorship...

WanderLustMan

Great, so here's the game plan:

1) End of April: File for AOS

2) By August: Hopefully received AP so that I can travel in August/September abroad

3) Come back in October but will now be living in San Francisco. I would direct my New York based lawyer to request a change of address with the USCIS at this time.

From what she told me, if by the time I've asked for the change of address, the appointment has already been scheduled, I would have to explain to the interviewer that we just recently moved because of my wife's job offer in SF and hope that he takes jurisdiction over the case. If not, the case would likely be delayed since he has to request a change of jurisdiction.

Does all this seem kosher? Or are people suggesting that I not ask for a change of address and just have the lawyer forward any mail that comes to her to my new home in California? What happens if the interviewer asks where I live and it's outside of their jurisdiction and I have not asked for a change of address?

Noorah101

I agree. Since he said "my wife and I are planning to...." then I figured it was marriage-based. But he isn't clear on that, you're right.

Rene