Filing for AOS and then Moving Jurisdictions?
Apr 17th 2006, 9:02 am
#16
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Re: Filing for AOS and then Moving Jurisdictions?
To be clear, I currently have and H1B but would be filing for a change of status based on my marriage. I won't necessarily have a job past the filing date.
Apr 17th 2006, 9:05 am
#17
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Re: Filing for AOS and then Moving Jurisdictions?
Originally Posted by 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
Rene
Yes, it was only later he mentioned that his wife is a USC - I had initially assumed she was an H1b dependent, ie H4...
I'd still file sooner rather than later though.
However, I'm not sure how hsi H1b status would be affected if he filed based on marriage, i.e. would he need AP or not...?
If yes, hhe probably hasn't left himself enough time as it seems to take at least 2-3 months these days...
Apr 17th 2006, 9:05 am
#18
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Re: Filing for AOS and then Moving Jurisdictions?
Originally Posted by WanderLustMan
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.
Rene
Apr 17th 2006, 9:06 am
#19
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Re: Filing for AOS and then Moving Jurisdictions?
Originally Posted by WanderLustMan
To be clear, I currently have and H1B but would be filing for a change of status based on my marriage. I won't necessarily have a job past the filing date.
Rene
Apr 17th 2006, 9:21 am
#20
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Re: Filing for AOS and then Moving Jurisdictions?
Yes, I'm looking to apply for an EAD and AP as soon as I file for the AOS. I'll still keep my H1B status so long as I work at my current job (likely June or end of July) but then would require the EAD or the AP to travel.
One to Two years?!!! Jesus, my lawyer said it was more like 6 months these days. No matter, I'm not in a rush since once I have the EAD and AP I can live in the US and come in and out no?
One to Two years?!!! Jesus, my lawyer said it was more like 6 months these days. No matter, I'm not in a rush since once I have the EAD and AP I can live in the US and come in and out no?
Apr 17th 2006, 9:37 am
#21
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Re: Filing for AOS and then Moving Jurisdictions?
Originally Posted by WanderLustMan
Yes, I'm looking to apply for an EAD and AP as soon as I file for the AOS. I'll still keep my H1B status so long as I work at my current job (likely June or end of July) but then would require the EAD or the AP to travel.
One to Two years?!!! Jesus, my lawyer said it was more like 6 months these days. No matter, I'm not in a rush since once I have the EAD and AP I can live in the US and come in and out no?
Coming in and out with the AP has its own list of cautions. Do a search on here to find out the difference between being "admitted" and being "parolled" into the USA, and make sure you qualify to use AP (i.e., no overstays, etc. - ask your lawyer if you qualify).
On a side note, when I was talking to an immigration attorney about starting my fiance's K-1 visa, she said it wouldn't take longer than 6 months to get him here. It ended up taking 14 months.
Rene
Apr 17th 2006, 9:53 am
#22
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Re: Filing for AOS and then Moving Jurisdictions?
what is an overstay? I have no idea how to search for a definition of it.
Apr 17th 2006, 9:56 am
#23
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Re: Filing for AOS and then Moving Jurisdictions?
Originally Posted by WanderLustMan
what is an overstay? I have no idea how to search for a definition of it.
Rene
Apr 17th 2006, 9:56 am
#24
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Re: Filing for AOS and then Moving Jurisdictions?
Originally Posted by WanderLustMan
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?
Ian
Apr 17th 2006, 10:07 am
#25
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Re: Filing for AOS and then Moving Jurisdictions?
Am I correct in assuming that an AP has validity throughout the life of the application process? Does it ever expire before you get the interview?
Apr 17th 2006, 10:09 am
#26
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Re: Filing for AOS and then Moving Jurisdictions?
Originally Posted by WanderLustMan
Am I correct in assuming that an AP has validity throughout the life of the application process? Does it ever expire before you get the interview?
Same goes for EAD, by the way.
Rene
