I-130 and out of status question

R

rahulrastogi

Registered Users (C)
Hi,

I have a green card and I applied for I-130 for my wife (on H-1B).
I-130 is still pending approval. 3 months after sending in I-130 petition we applied for EAD/I-485. INS sent back EAD / I-485 application asking us to submit after visa becomes current.

My wife has LOST JOB (laid off) now. Is she out of Status ? What are our options ?

Rahul
 
she is not out of status

This is not legal advice.

Technically, she has 10 days to leave US.
But the INS is not enforcing this on those H1B\'s who are out of jobs. As far as I94 and H1B is valid, she is ok.

With your situation, your wife has to maintain her H1B or F1 status on her own till her date is current and you can apply for 485 and EAD. Normally that is 4-5 years from the time you apply for 130.

Consult an attorney.
 
Going out of status, please help!

I live in US on a non immigrant visa. My brother who is a US citizen has filed a family based GC for me, "petition for alien relative", on April 2001 which has been approved for processing. I know that it takes quite few years to get my GC this way; and the problem is that soon I\'ll be out of legal status. Is there any possible way to expedite the processing time. Please help me find a way.
Thank you all
 
No Title

I do not think so, It is advised to call an immigration laywer to find another way to keep your status. good luck.
 
Don't they give people SS # and work permit while they are waiting for their GC interview? So how can you be out of legal status?
 
Football01 said:
Don't they give people SS # and work permit while they are waiting for their GC interview? So how can you be out of legal status?
Click to expand...


No dude, you don't get a SSN and work permit while your brother, mother or father or sister is sponsoring you for a GC. The only time you get those issued is if you are a spouse of a USC. :) The US immigration is so complex, only a man possessed by hard drinks could have came up with this system...:D
 
ha1344 said:
I live in US on a non immigrant visa. My brother who is a US citizen has filed a family based GC for me, "petition for alien relative", on April 2001 which has been approved for processing. I know that it takes quite few years to get my GC this way; and the problem is that soon I\'ll be out of legal status. Is there any possible way to expedite the processing time. Please help me find a way.
Thank you all
Click to expand...

No expedited service is offered for brothers and sisters of USC. :(
 
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