csf

Hi,

Any feedback/advice is much appreciated

My H1-B visa is due to expire in May 2004 and I am currently in the final stages of gathering the documentation for my AOS. I am married to a US citizen (for over a year) and need to send off my application for AOS asap.

2 questions:

1) Will I receive my EAD in time for my H1-B expiration? This really worries me.

2) Is it better to mail the application or take the documents in person to the service office? My wife and I live in Manhattan, New York.

Thanks

Chris

jeffreyhy

csf,

1) Maybe.

2) The page for the NYC office on the USCIS web site will tell you the filing procedure for the office.

Regards, JEff

Trunk

"csf" <member5639@british_expats.com> wrote in message
news:[email protected]...
    > Hi,
    > Any feedback/advice is much appreciated
    > My H1-B visa is due to
    > expire in May 2004 and I am currently in the final stages of gathering
    > the documentation for my AOS. I am married to a US citizen (for over a
    > year) and need to send off my application for AOS asap.
    > 2 questions:
    > 1) Will I receive my EAD in time for my H1-B expiration? This really
    > worries me.

If you send everything today, you have a good chance. it takes about 3-4
months, when you apply for AOS and it is going through (you have NOA)
you're legal, so working with an expired H1b while waiting for EAD is not
that bad, and chances of your employer being raided by INS is very slim...
but if your employer does not mind, then you can work, if they do mind, then
you'd have to take a leave until EAD comes in... it is all up to your
employer
to tell the truth.

my advice, send everything ASAP. and document everything (send w/ return
receipt, make sure to find out when they cash the checks, etc) also from the
time the NOA is received, they should give you an EAD in 90 days of the
date they started the process , if they don't, you should be entitled to an
interim EAD.

    > 2) Is it better to mail the application or take the
    > documents in person to the service office? My wife and I live in
    > Manhattan, New York.

You have to check the website to see if they allow walk-ins, if they allow
walk-in's
then do it that way, so you know they got it, ask for a receipt and such...

    > Thanks
    > Chris
    > --
    > Posted via http://britishexpats.com

csf

Thanks chaps, that makes me feel alot better

The only catch is I still need to take my medical, but hopefully that won't take too long to complete.

Any idea on whether I can file without taking the medical, and submit it at a later date?

Thanks again for your help

Chris

csf

It looks like my H1-B visa will expire on May 1st

If I apply now for my AOS, will I still be able to keep working even after May 1st? I will be able to walk in and pick up the EAD after 90 days, but this won't be until the end of May.

Any advice would be much appreciated as I am extremely worried.

Thanks

Chris

Rete

Depends on your employer. He is the one that would be fined and being that he knows the regulations of the USCIS it is doubtful that he will be lenient enough to allow you to continue employment after the expiration of your H-1B and you can't show him legal proof to work. Trunk gave you advice which means you would be acting outside of the legal guidelines of the USCIS. If you want to follow this advice, the decision is yours. While USCIS appears to forgive illegal working, personally I would hate to be the one in the hot seat at the time of the interview when and if it is discovered. Why did you wait so long to file? And btw you can't file in person in NYC. Can only mail in your petitions.

csf

Thanks Rete. I know. I shouldn't have waited so long. I did get in touch with a lawyer who told me they could have the EAD in my hands within a month for $2000. This may be the only and most sensible way to go.

Also, any idea whether I could get an extension for my H1-B? This would give me the extra time I need to file for my greencard.

Thanks Rete.

Chris

csf

Also, Rete, is the only danger here the one about my employers being investigated by the INS? Or will the 30 day out of status gap be held against me at the time of the AOS interview?

Thanks.

Rete

No clue on the H-1B that is not marriage based and I've done little exploration into that realm of USCIS to offer any suggestions.

As for any lawyer that claims to be able to get you an EAD within 30 days, regardless of the fee they quote, I would be more than wary of lining their pockets and unlining mine. How do they propose to do that? Especially if you are using the NYC office. Unless they have contacts at the office and/or the NBC since that is where all the EAD applications for NYC now go, I would not deal with them in any way or manner.

Just my opinion.

Rete

Rete

Yes the imminent danger is to your employer. That is if they allow you to work. You can always do what others in your position have done, take a vacation or unpaid leave of absence for the time period without an EAD.

As for the dangers at the AOS interview to you, I don't know if it is written as a regulation that spouses of USCs will be forgiven illegal work but it is promoted as such by many attorneys and posters. One such attorney writes a Thursday immigration answer/question column for the NY Daily News and he has in print stated that it should not be a problem But is it a written regulation I don't know. If it is not, will and could the examiner do more than reprimand you for such behavior, again I don't know. Just know for a certainty, I would not like to be the one to test the waters.

Rete

csf

Thanks Rete. As always, great advice. One other quick question. I actually have all of my papers together ready to file, however the only thing missing is the medical (which I am due to take shortly).

Would I still be able to file for the AOS and get the EAD card without taking the medical for now? This would be a lot quicker and give me a greater chance of getting the EAD within 90 days.

I'm in NYC.

Thanks Rete.

Rete

In the past they have required the medical at the time of filing with an up todate supplemental I-693 (Vaccination) form at the time of interview.

Can you afford two medicals within the two year span? One at the filing and another in 20 to 24 months when you AOS? If you can shop around by phone tomorrow and get quotes on the costs from the various USCIS approved physicians and take the lowest cost one you find. Since you are in need of the EAD asap you don't want to mail it in only to have it returned because of not including the medical. Most doctors will give you the results then and there. Be sure, however, that they give you a separate copy of the vaccination supplement so that if you have to go for another medical you have proof of all your prior immunizations.

Rete

csf

Thanks Rete. I have made the appointment for Monday afternoon, so hopefully I can get the results quite quickly. The receptionist told me I had to bring the forms with me. Does that sound right to you? I assume all I need are copies of the I-693. I can print out a few copies from the gov. web site, but will this be ok?

Also, what is it I need to get from the doctor to file with my AOS package?

So far I have the following forms completed:

I-130 Your wife's petition for you

I-485 Your application to adjust status to Perm. residence

I-864 Your wife's affidavit of support

I-131 Your application for advance parole

I-765 Application for employment authorization

I-693 Medical exam form (Monday)

G325A Biographical info forms for you and your wife

Do I need to complete the Form 9003?

Also, as I will be using my own income for support, does my wife still need to complete the I-864 or do I complete one instead? I'm a little confused about this.

Thanks Rete.

Rete

Yes your wife needs to complete the I-864. Your income can only be used if you have lived together for six months.

You don't need form 9003.

Rete

csf

That's perfect. Thanks Rete. I have all of my pay stubs and bank statements to prove I can exceed the reqd. threshold.

Alos, I am currently completing the g-325 geographic information forms. Am I correct in thinking I need one for myself and one for my wife? If so, for the one my wife completes, do the questions such as 'Applicants Employment Last Five Years' refer to her or to me? I am assuming it means her, as I am completing my own Bio. form.

Thanks