csf

Hi,

My H1-B & I-94 expire on 01/01/2007. I am aiming to file for my AOS within the next 3 weeks. Will there be a problem if I don't receive my GC before my I-94 expires?

Also, it is possible I may need to leave the country a few times over the next year, but I do not have any definite dates. I will file the Application to Travel Document, however, will that allow me to travel back and forth to the UK freely next year & the year after?

Any advice much appreciated

Thanks,

Chris

ian-mstm

Will there be a problem with what?


While it's only valid for one year and will have to be renewed annually until you get the GC, you should have no problems leaving the US. There is never a guarantee that you will be allowed to re-enter the US.

Ian

csf

Will I be out of status if my I-94/H1-b expires before my greencard is issued? Or will the fact that I have filed for AOS before the expiration of my H1-b be enough to maintain my status?

Thanks.

CarlM

The fact you will have filed puts you into pending adjustment, keep the I-485 receipt from USCIS and you should be fine. Its only a problem if you are denied AOS and become an overstay due to non-maintainence of the H-1

Elvira

When my H1b husband filed for AOS, he was told that he did not need AP because H1b applicants retain their H1b status. He travelled out of the US twice whilst AOS was pending - no problems.

However, I don't know what happens once the I-94 expires. He got his GC before this occurred.

Folinskyinla

Hi:

An FAQ. Don't focus too much on the phrase "out of status." Notionally speaking, an adjustment applicant IS "out of status" in the situation you posit. However, that said, they are considered to present "under color of law". In other words, again, don't worry about it.

Folinskyinla

Hi:

This is true PROVIDED the H-1b person maintains H-1b status in all other respects -- e.g. working for the same employer, no additional employment, etc etc.

csf

Thanks all. If I do decide to file the Application for Travel Document (I-131), any idea how long this takes to be approved?

Noorah101

Current time frame seems to be around 2 to 3 months from filing.

Rene

Hypertweeky

You will be considered in status just because you are awaiting AOS approval.
Good Luck!

csf

Thanks! One last question. Do I have to file the Application to Travel Document at the same time as the other forms (I-130, I-864 etc.) or can I file it seperately at a later date (if it turns out that I need to travel)?

Thanks for all the advice.

ian-mstm

You don't have to file at the same time, but if you file afterwards you will need to provide proof that you've filed the I-485. Also, it's never a good idea to wait until you need it... it'll be too late then.

Ian

Noorah101

You can file the I-131 at a later date. Just be aware that it takes about 3 months to receive it. You shouldn't leave the USA until you have it in hand, and it's almost impossible to get an emergency AP if you need to travel very quickly.

Rene

Elvira

As has been said before, you do not need AP as long as you maintain valid H1b status. See Mr F's post.

Hypertweeky

If I were you I would apply for it, what if you need to leave the country in the event of an emergency???
You are welcome, if you need anything else, let us know!