Adjustment of Status on Visa Expiry


I am travelling to USA for the first time on my H1B, which is going to expire in two months after my travel. If my employer applies for an extension, I have to come back to India for stamping. To avoid this, my employer is going to apply for an “Adjustment of Status”. I have a few queries on this -

  1. What does “Adjustment of Status” really mean?

  2. How much time does it take roughly to get the AOS petition approved?

  3. Will I be able to travel to India over the time the petition for AOS is pending for approval?

  4. My family H4 visa is not stamped. Will there be a problem if the petition is pending?


Is your employer filing an I-485 form for you? The form is pathway to I-551 (green card) so you have to be careful as delays are commonly encountered. In my opinion, you should complete the H-4 process for your family right away. You don’t need to travel to India for H-1B extension, a stamping can be done whenever you travel. Please note that once a I-485 has been filed, a field on DS160 - ‘have you or anyone on your behalf filed for an immigrant visa?’ has to be answered with a ‘yes’. In my opinion, complete your travel immediately along with family - worry about adjustment later once all of you are here. I am sure other experts can also add to what I have stated.