Applying for AOS while on OPT extension

[InemUdofia]

Hi all, I extended my OPT this year and I came across AOS. I want to apply for I-485 by ending of this month. Is it better to apply through a close family couple or through my job? Any and all advice on this will be highly appreciated.

[ember]

Hi all, I extended my OPT this year and I came across AOS. I want to apply for I-485 by ending of this month. Is it better to apply through a close family couple or through my job? Any and all advice on this will be highly appreciated.

When you say 'close family couple', do you mean spouse?

Used to be that Employment AOS was a bit faster (now I don't think that's the case), but I think spouse is better if you can do it that way. Depends on your unique situation, though. If you are married, I would suggest a marriage-based AOS. Otherwise, ask your employer if they will sponsor you for a green card. I'm not super familiar with that. Either way, I don't know if you can realistically file by end of this month unless you're already married and also pretty organized.


Good luck.

[InemUdofia]

When you say 'close family couple', do you mean spouse?

Used to be that Employment AOS was a bit faster (now I don't think that's the case), but I think spouse is better if you can do it that way. Depends on your unique situation, though. If you are married, I would suggest a marriage-based AOS. Otherwise, ask your employer if they will sponsor you for a green card. I'm not super familiar with that. Either way, I don't know if you can realistically file by end of this month unless you're already married and also pretty organized.


Good luck.

Thanks for the advice. No Im not married, i was referring to sponsorship through a family Ive know since Ive been in the US. Is it possible to be unmarried but sponsored by a US citizen and still apply for AOS?

[newacct]

Thanks for the advice. No Im not married, i was referring to sponsorship through a family Ive know since Ive been in the US. Is it possible to be unmarried but sponsored by a US citizen and still apply for AOS?

That's not how it works. To immigrate you must be petitioned as the spouse, parent, child, or sibling of a US citizen or the spouse or unmarried child of a permanent resident; or you must be petitioned by a US employer who will employ you. You can't just be petitioned by random people.

[InemUdofia]

That's not how it works. To immigrate you must be petitioned as the spouse, parent, child, or sibling of a US citizen or the spouse or unmarried child of a permanent resident; or you must be petitioned by a US employer who will employ you. You can't just be petitioned by random people.

Thanks for that. So how long do you have to be in a company before applying to AOS?

[newacct]

Thanks for that. So how long do you have to be in a company before applying to AOS?

How long you are in a company is irrelevant. The company needs to petition you. You could work in a company forever and they could still not want to petition you. Or conversely you could be petitioned by a company that you are not currently working for (they just have to offer to employ you once you immigrate).