H1 Extension receipt as proof of legal stay?

D

dgthomas

Registered Users (C)
Hi,

My wife is becoming a citizen. I am planning to apply for my GC through her. For adjustment of status i need to provide proof of legal stay in US. My H1 extension is in progress and i am yet to get approval.I have the receipt with me.I know i can stay in US for 240 days while i have the receipt. So can i use this receipt as my proof of legal stay for I-485 application?

Thanks
 
You don't need to prove current legal status if you apply for AOS when your wife is a citizen, you only need to prove that you initially had legal status when you last entered the US. For that a copy of the I-94 along with the identifying page of your passport and the H1B visa page will be good enough.

But if you're going to apply before your wife becomes a citizen, attach a copy of the H1B extension receipt along with the above.
 
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