What’s up with AOS and why there is so much noise? Zero impact on H1bs. I mean ZERO.

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Posting as :
works at
You are currently posting as works at

Bro do you google before posting?

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Impact on current AOS applications is not clear as they said you need to provide “some justifications” , but in future AOS won’t exist for temporary visa holders. You will need to go out of the country to apply- aka all applications will be consular processing.

The ruling is about green card . Not H1B visa. It impacts you if you are looking to get a green card. Which is why most H1Bs come to the US for. In future, it makes it more difficult for folks to get their green card going and employers to sponsor it in the first place

MCK1: It has ZERO impact on the existing h1bs that will be applying for green cards.

It also has ZERO impact on existing GC holders. And naturalized citizens. So what?

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OP - are you saying that if I’m a H1B and my dte becomes current tomorrow to file for 485, this rule doesn’t apply to me and I can’t get AOS here? I don’t think that’s true

If you are on H1b in US, and your priority date becomes current next month then you can apply for AOS in US (without leaving US) and this rule doesn’t apply to you. H1b has always been a dual intent visa.

That is not what the ruling says. It doesn’t exempt H1B at all.

“Dual intent” allows you to apply for green card. It doesn’t dictate you can do it while in the US. Read the ruling and know your rights.

This is the answer to H1Bs, when asked

“People who present applications that provide an economic benefit or otherwise are in the national interest will likely be able to continue on their current path,”

So you can interpret that as blanket exemption for H1Bs and that by just having that visa you are qualified as “providing economic benefit” . But it doesn’t really say that at all. And it won’t take a lot to just change that as well. They may just say that your employer need to pay up to 100 K to prove that or something like else. So being this supportive for this very anti immigrant admin when there is no clarity is pretty impressive and naive

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