i have question

L

lotuses

Registered Users (C)
Need advice for my cousin-He was on H1B - 6 years expired on 06/05 - his I -130 filed by his mom - a US citizen - his PD is 5/01 - what are his options?
He had no Labor Certification pending.
Can he stay on and wait foe PD to become current and then file for 485 using 254(i)??

thanks in advance.

Mg
 
lotuses said:
Need advice for my cousin-He was on H1B - 6 years expired on 06/05 - his I -130 filed by his mom - a US citizen - his PD is 5/01 - what are his options?
He had no Labor Certification pending.
Can he stay on and wait foe PD to become current and then file for 485 using 254(i)??

thanks in advance.

Mg
Click to expand...

Till the I-130 gets approved and PD is current, your cousin needs to maintain legal status on his own as I-130 does not give him any special privileges. Once I-130 is approved and PD is current, he could apply for I-485 and adjust his status if he is in US or go for Consular Processing if outside US.

If he plans to stay on an expired H1B till the PD becomes and I-130 gets approved, he would be accuring illegal presence. If he works during the wait, he would be accuring illegal employment as well as he is not eligible for EAD. He could get a F-1 visa or leave US, wait for a year and apply for H1 again to come back with a valid status.

HTH
 
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