Immigration Site

Hello all, I have a little concern about my situation.
-I am on my OPT right now with an expired F1 visa.
-My company began my H1B process about 2 weeks ago with my LCA approved and final submission of documents to USCIS should happen within a week
-Coincidently after waiting for 10 years, my mom got her I-130 form approved a month ago and we are current (as per visa bulletin) and I am an eligible dependant under the CSPA act.
-We just received the visa bill which will be paid by the end of the week.
-The interview location is going to be Abu Dhabi,UAE.

Above I have tried to state the nature of my situation. My specific question relates to my circumstance.. My mom is living/working in Dubai..but I am currently in the States working on OPT..Since technically OPT is received through the f1 visa (which is non-immigrant) will that have an effect on my ability to get my green card (like a clash between immigrant and non immigrant via?)

I ask this because, in the event something goes wrong and I dont get my H1 visa before my visa data, and i have to go to abu dhabi for the interview,i wont be able to come back without a valid immigrant visa? Would the fact that i am on an expired f1 but valid OPT make any impact with my whole situation?

Im sorry if its confusing..i tried my best to explain and I hope someone can help me out by sharing some advice...

thanks in advance!

Edit: Also since I am a dependant and not the primary beneficiary, is it possible for me to get an AOS since I am already in the states rather than do a consular processing method?

Is there anyone that can throw some light on my situation? Did I post something wrong or is there an exact case like this already somewhere? I tried searching and couldnt find anything..This is making me anxious and if I am doing something wrong, can a moderator please let me know?

Once you leave the US, you wont be able to return with an F1 visa; your existing one is expired, and they wont give you a new F1 visa because of the immigrant intent issue. So once you leave, your only realistic options to return are H1B or immigrant visa/green card.

But given that you are in legal status (your OPT is still valid and you dont have any immigration violations on your record, correct?) and your priority date is current, you dont need to go abroad to interview; you can just stay in the US and file I-485 and the related forms (e.g. I-693 medical, I-765, etc.) for adjustment of status. Make sure to mention your CSPA eligiblity.

Of course, staying in the US for I-485 means you shouldnt pay for the immigrant visa fee, and you should communicate to the consulate that youre filing for AOS instead of consular processing. Then once you file the I-485 paperwork, USCIS will follow up with the consulate to bring your files back into the US for AOS processing.

Hey Jackolantern,

Thanks alot for your reply. I read through and just want to make sure I understand this right.

Even though I am not the primary beneficiary (my mother is) and she is in dubai, I do not have to be present with her for consular processing. Instead I can have my AOS done while staying in the United States correct?

So the $404 fee bill which I received should not be paid at this time (for myself), and instead I should just communicate with the NVC that I am applying for an AOS (and mention my CSPA eligibility)

The priority date is current and I have no other immigration violations.

But now that my company is sponsoring my H1, do I need to communicate to my companys lawyer as far as documents and my status?

Thank you so much for your help and response! I really appreciate it!