H1 B holder married a US Citizen

V

vishals

Registered Users (C)
Hello Everyone,

I am working in US on H1B Visa and got married to my fiancee in March,09.
I applied for GC/Work Authorization on April 2nd and my H1B visa will be revoked in April, 09.

Can I continue to live in USA (after my H1B is revoked) because my GC petition has been submitted or do I need to drag my H1B until I get the receipt of petition?

Any idea how much time is being taken by the LA office these days?

Thanks,
VS
 
If you have a pending I-130/I-485 application based on your marriage to a US citizen you can stay even if your current h1b gets revoked. Once you get your work authorization card you can then work with any employer without any further petitions.
 
Thanks for the reply. Which of the followings should be considered as a pending I-130/I-485,

1. A petition that got delivered at USCIS office and the receipt is awaited?
2. A petition whose receipt has been obtained?
 
vishals said:
Thanks for the reply. Which of the followings should be considered as a pending I-130/I-485,

1. A petition that got delivered at USCIS office and the receipt is awaited?
2. A petition whose receipt has been obtained?
Click to expand...

I think #2 is considered pending. Seniors please confirm.
 
vishals said:
1. A petition that got delivered at USCIS office and the receipt is awaited?
2. A petition whose receipt has been obtained?
Click to expand...
It is considered pending as of the receipt date, which may be a few days after it physically arrived at their office. But it's only when #2 occurs that will you have proof of it.
 
Thanks for the reply. Does that mean that if my H1B visa gets revoked before I get the petition receipt through mail, I will have to leave the country?
 
vishals said:
Thanks for the reply. Does that mean that if my H1B visa gets revoked before I get the petition receipt through mail, I will have to leave the country?
Click to expand...
No. It only means you don't physically have proof of the I-485 during the days or weeks while you wait to get back the receipt. Lacking the proof in your hand doesn't mean you're here illegally.
 
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