Adjustment of Status

The process though which a person within USA obtains a change in their status to green card holder. This is usually the last step for (most not all) green card process.

K-1 Visa AOS

Question details

My fiance came as k-1 and we got married within the 90 days but didn't file for AOS untile a few days before his I-94 expired? What will happen? will they still accept the application or what will we have to do next?

I think you will be fine. As I recall, the law only requires you to get married within 90 days. But confirm this information and do check with a lawyer as to whether you may travel or not while AOS is pending. This could be the only issue I can think of.

AOS and EAD

Question details

I have been in AOS since Sep 2007. I have a EAD and now a new opportunity hit the door to move to another company, same functions but much better pay, arounf a 40% increase. I also got married to a US citizen. My dilema now is should I take the job? my actual employeer may get angry, so could he do something to screw my case? should I re-apply through a spouse? is something the new employer can do so I can be safe? I don't want to bother new employer, but could he eventually at least help so I can keep my actual status until AOS is approved.

It looks like you have several options. Once 180 days of AOS pendency are over after I-140 approval, usually employers cannot hurt you. Speak with a lawyer.

Guestbook Entry for Dr. RP, United States

Name
Dr. RP
Country
United States
State
Texas
Comment

I want to thank Attorney Khanna and Attorney Sheena for outstanding service to resolve a complicated case with multiple filings involving more than one law firms. Attorney Sheena was extremely dedicated, absolutely quick in her responses and worked through the snow storm to get our issues resolved. It is always great to have an attorney who looks out for you and is approachable. I would definitely recommend them to anyone in the future who require immigration assistance. Regards. Dr. RP

DOS Updates – 02/10/2010

E Visa company registrations -  It is advisable for “E” visa companies to update “registration” files at post every year although there is no specific regulation. 
 

Following-to-Join for adjustment cases - An applicant who is the principal alien and whose spouse or child now needs to follow to join can now continue to deal directly with posts in paths:

Guestbook Entry for Nikhil Nihalani, United States

Name
Nikhil Nihalani
Country
United States
State
GA
Comment

Work Done: J1 transfer, H1 and 485-finally approval of Green Card.I started working with Mr khanna's office for transferring my J1 waiver job from one state to another. His team has been extremely professional and helpful in the process. They have been helpful not only in transfer but also succesfully filing and getting my Green Card approved. I strongly recommend Rajiv's office to anyone with immigration issues. At every level I noticed special attention and exemplary professional standards that one seldom sees in todays world.I would like to thank all of your team members. Specifically Rena Waddell, Anna Baker, Heather Crump, Mark Riddick and of course Rajiv Khanna himself......
Once again Thank your such a wonderful teamwork and unique expertise provided by Rajiv in my case.
Regards...
Nik Nihalani MD.

Questions and Answers: 2009 Update to the Tuberculosis Screening Required for Adjustment of Status

These Questions and Answers only provide information about the assessment by the civil surgeon to determine whether an applicant has been infected with TB and address the most recent updates to the Tuberculin (TB) Component of the Technical Instructions for the Medical Examination of Aliens in the United States.

Question - unlawful presence in AOS

Question details

Q1. Suppose, if the husband is on H-1B and spouse is on H4. Husband has filed I-485, spouse name was not included. Now if husband switches to AOS Pending...what will be H4 status? Unlawful presence?

Q2. When she is out of status because he is no more on h1.. can she file for COS to F1?

A1. As I see it, the wife will be out of status right away and unlawfully present if USCIS revokes her H-4 or her I-94 expires.