J1-waiver H1B to GC

[newyorkdoc]

Hi

I am a physician on J-1 waiver H1B visa. My waiver is ending on June 30th 2013. I can apply for GC (AOS) as my husband is a citizen on July 1st. On my I-94 the stamped date at point of entry is July 10th 2013 and I also know there is a grace period of 15 days for H-1 B. I am planning to take a 6 months break due to personal reasons

My question is do I need to extend my H1B to remain in status on July 1st? If I send in the application for GC (AOS and I-130) on July 1st, without extending my H1B, will I be considered out of status until the AOS is approved?

Thanks

ND

[t75]

Your husband will be a citizen only after the ceremony. Those can be cancelled or postponed so don't count on that date to make a decision.

If you are taking a break, how can you extend your H-1B?

There is NO grace period for H1B; you are illegally present after the i-94 date unless there is another appropriate petition filed.

Since you are a physician and finances should not be an issue, I suggest that you work with an attorney to make certain everything is done correctly and you spend your time on your patients instead of being distracted by this.

[pontevecchio]

"I suggest that you work with an attorney to make certain everything is done correctly"

Very Good advice. You will need to keep all documents prepared and mailed as soon as he gets his certificate of Naturalization at the function. StaRT GATHERING ALL DOCUMENTS NEEDED.

[futureeb2]

t75 and pontevecchio, I believe OPs husband is already a citizen. She will only be able to apply for AOS on July 1st because that's the day after her 3 year J-1 waive ends, which is why she can't apply for AOS right now.

To answer your original question,you will be out of status after July 10th, but this should not prevent you from getting a green card, as you will be in an authorized period of stay..

[t75]

I read her husband is scheduled to naturalize on July 1. However, it certainly can be the case that he is already a citizen. In rereading hre posting, it is ambiguous.

[newyorkdoc]

Thank you for clarifying futureeb2. Yes my husband is already a citizen, I complete my waiver on June 30th and can apply for AOS on July 1st. My I-94 at POE has July 10th handwritten by the immigrant officer. Just to be specific, my question was once I apply for AOS, will I be in status? or do I need to leave the country?

[pontevecchio]

Once your AOS is on file you are legal to stay and work in H1 status or on the basis of the EAD you will soon get and travel on the basis of AP . You may choose not to work if that's is what you want. Since you are married to an USC there is no problem of any kind. Look up the documents needed and keep everything ready to apply for the AOS/AP/EAD ETC. as soon as you are able to do so legally. Talk to a Lawyers Office now and keep everything ready and have them file when appropriate.