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F2A date current as per Chart B (DF) for OCT16. Can I apply AOS at a later month?

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  • F2A date current as per Chart B (DF) for OCT16. Can I apply AOS at a later month?

    Cheers All,
    Have a question and hope to seek some help.
    I live in US and currently on H1B. My Green card petition is under F2A. My date is current as per chart B (i.e Date for filing) for Oct2016. I am eligible to apply AOS now that will fetch me EAD and AP (adv parole) but I have travel plans in 3 weeks so i might not apply for AOS in Oct but maybe able to do so in Dec2016. I can travel on H1B so i don't have any worries. I plan to apply for AOS after i come back December.

    1. Will i still be eligible to apply AOS in December? I hope the chart doesn't mean that we should apply in the same month it was asked for. Could you please provide insights on this?

    2. On the other hand I am under the impression that i can't parallely initiate my 485, EAD, AP and then travel on H1B. Can i? if yes, the parallel processing will save about 2 months of time.

    Thanks,
    Vinny!

  • #2
    Hi
    If you can come back into the country just adjust when you are back. You should be good if your visa is still valid. If it's not I recommend you file for AOS and use the travel document for your trip at least. Don't live if you are not lawful

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    • #3
      Originally posted by dg204 View Post
      Hi
      If you can come back into the country just adjust when you are back. You should be good if your visa is still valid. If it's not I recommend you file for AOS and use the travel document for your trip at least. Don't live if you are not lawful
      Thank you for your inputs. Yup, my visa is valid for one more year from now otherwise i wouldn't be able to come back to the US. I just wanted to get some room to allow myself to apply for AOS after i am back.
      I also have option of going through consular processing i.e NVC as you know. Any thoughts between AOS with USCIS versus Consular processing with NVC?

      Comment


      • #4
        I would do AOS while I am here. Not familiar with Consular processing. It could be faster if your PD is current and you go home then get everything together. In that case you come back in the country and get your GC right away I think.

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