Filed I130 but H1 out of status

W

warpzone

New Member
Hi,

I am currently on H1. My wife is a US citizen and she is filing I130 on my behalf. My only problem is my H1 is set to expire in May. (First week). My application will be filed by end of next week. What happens to my status if my H1 expires but I have filed for I130.
 
TheRealCanadian said:
You'll be out of status. Why aren't you filing an I-485 with the I-130; that'll get you in valid status once it's filed.
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My Bad,

I should have mentioned I am filing I130 I864 G325A for both of us and I485 along with the sealed medical exam document 693. Will that put me in status ?

I am quite sure I cannot work during the period, what is the procedure for this?
 
Yes, as soon as USCIS receives the I-485/I-130 combo, you'll be in valid legal status.

If you want to work you should file for an EAD along with the other stuff.
 
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file them altogether in the same packet, including I-765 - application for work authorization.

You will be able to work for another employer as soon as you get your work permit, but you can keep working for the same employer until your H1B expires in May, and hopefully get a work permit before then, so you don't have to lose your job if you don't want to.
 
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