Form I-30 already approved through sister and working with H1B visa.

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fuchoravelo

New Member
Hello everyone,

I have been working for the last 4 years in US with a H1B visa. My sister is sponsoring me to get my PR while I am in US (she is US citizen), and yesterday I received a notification that my I-130 is approved, I know that I still need to wait for a visa to be available to adjust status and in my case could be a lot of years due to the fact that I am from Mexico. My question is, my H1B visa expires in 2012 and by law I have to get out of the United States for one year, can I stay due to the fact that I have an application approved through my sister or do I have to get out to comply with my H1B visa? I'm very confused and I want to follow the law.

Your help will be appreciated.
 
Until a visa number becomes available for you, your sister's petition is useless as far as allowing you to stay in the US is concerned. You need to stay in the US legally until you can do AOS.
Also, if you leave US, it might be hard to get a visitor visa to the USA due to the pending I-130.
 
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