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New AOS rules October 2015 for application filing
Does anyone know more about the details of the new dates listed in the visa bulletin? Can't find any details explained on the uscis website on exactly how the new process is supposed to work.
My case:
I am a LPR and married my husband in February 2015. Filed I130 in F2A category which was approved. Told then to wait to submit AOS I485 when his priority date becomes current (preliminary around November 2016). He is currently in lawful status; F1 student and will graduate from his MBA program in May 2016. After completion of his Master he was planning to apply for OPT (12 months) to be able to work.
New rules from Oct now states he can apply for AOS on I485 now directly and there is no need to wait. But will be given a green card according to his original prio date.
Question:
1. When is the “lawful” clause applicable for I485? Lawful at the time of filing, or lawful at the time the visa number is available? Previously, since you couldn't submit the AOS document it was lawful status at the visa number availability, but now this is unclear?
2. If I765 is filed concurrently with AOS, will work permit be issued directly (2-3m processing time)while the I485 waits for the visa number? Or will the EAD doc only be issued once the visa number is available (Nov 2016).
3. Medical exam and other documents will be dated Oct 2015 and visa number available in Nov 2016. Will USCIS reject the application when they look at it Nov 2016, due to that they are over 12 months old, or is the time limit on the documents based on when the I485 was filed (October 2015)?
The way I interpret the new process is that he files I485 and I765 concurrently now directly in Oct 2015. He will get his work permit after 2-3months and can then work while finishing his MBA in May 2016. After graduation he can continue to work and his visa number is available in Nov 2016 and his green card will arrive 3 months later in Feb 2017. He won't be considered unlawful after finishing his degrees in May 2016 since he submitted his I485 in Oct 2015.
Anyone how knows more about this details please share your views!
Much appreciated.
My case:
I am a LPR and married my husband in February 2015. Filed I130 in F2A category which was approved. Told then to wait to submit AOS I485 when his priority date becomes current (preliminary around November 2016). He is currently in lawful status; F1 student and will graduate from his MBA program in May 2016. After completion of his Master he was planning to apply for OPT (12 months) to be able to work.
New rules from Oct now states he can apply for AOS on I485 now directly and there is no need to wait. But will be given a green card according to his original prio date.
Question:
1. When is the “lawful” clause applicable for I485? Lawful at the time of filing, or lawful at the time the visa number is available? Previously, since you couldn't submit the AOS document it was lawful status at the visa number availability, but now this is unclear?
2. If I765 is filed concurrently with AOS, will work permit be issued directly (2-3m processing time)while the I485 waits for the visa number? Or will the EAD doc only be issued once the visa number is available (Nov 2016).
3. Medical exam and other documents will be dated Oct 2015 and visa number available in Nov 2016. Will USCIS reject the application when they look at it Nov 2016, due to that they are over 12 months old, or is the time limit on the documents based on when the I485 was filed (October 2015)?
The way I interpret the new process is that he files I485 and I765 concurrently now directly in Oct 2015. He will get his work permit after 2-3months and can then work while finishing his MBA in May 2016. After graduation he can continue to work and his visa number is available in Nov 2016 and his green card will arrive 3 months later in Feb 2017. He won't be considered unlawful after finishing his degrees in May 2016 since he submitted his I485 in Oct 2015.
Anyone how knows more about this details please share your views!
Much appreciated.
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