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Should I mention new H-1B status during AOS interview applied as F-1?

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  • Should I mention new H-1B status during AOS interview applied as F-1?

    Hi all,

    Back when I filed for marriage-based AOS, I had F-1 OPT status. To be doubly-safe, my company still applied for my H-1B visa, and I got selected in the H-1B lottery. Since 10/01/2017, I've been working under H-1B status so technically, I'd be adjusting from H-1B status, not F-1 anymore.

    My interview has been scheduled for next week (12/14). Do I need to inform the immigration officer of my new status? If I didn't have to, should I still tell him/her about it anyway?

    A non-lawyer friend said I should tell the officer anyway since: 1. They already know and 2. Because I have H-1B status, I'm less likely to enter into a marriage for immigration purpose.

    Thoughts?

  • #2
    Originally posted by kindrich View Post
    Hi all,

    Back when I filed for marriage-based AOS, I had F-1 OPT status. To be doubly-safe, my company still applied for my H-1B visa, and I got selected in the H-1B lottery. Since 10/01/2017, I've been working under H-1B status so technically, I'd be adjusting from H-1B status, not F-1 anymore.

    My interview has been scheduled for next week (12/14). Do I need to inform the immigration officer of my new status? If I didn't have to, should I still tell him/her about it anyway?

    A non-lawyer friend said I should tell the officer anyway since: 1. They already know and 2. Because I have H-1B status, I'm less likely to enter into a marriage for immigration purpose.

    Thoughts?
    A rule of thumb is NEVER volunteer information to USCIS. Only answer truthfully when asked. You never know what tangent the officer can take with the information.

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