If one is out of status on H1, CP or AOS for immediate relative is advisable.

R

rgnair

Registered Users (C)
If I am out of status, what is the best alternative for obtaining GC thru my husband who is USC. i.e. should I go back to India and do CP, or should I file GC here.

If I overstay my I-94 by say 2 months and I have applied for H1 transfer before the I-94 expiry, I would be out of status(?). If so, what is the best alternative for obtaining GC thru my husband who is USC. i.e. should I go back to India and do CP, or should I file GC here.

If I do CP, do they check if Iam out of status on H1.


Thanks.
 
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Your I94 has expired (with what visa did you get entry into the United States?)

If your husband is a USC you can file the I130 / I485(+ the other adjustment of status papers) to your local INS district office.

Do keep in mind that with your overstay you shouldnt leave the US till your application for permanent residence has been adjudicated doing so will subject you to a 3-10 year ban.

At this time you should stay in the US and file your adjustment of status papers.

hope that helps.

Sachin

No matter what you do file for AOS here or CP (the INS will know you are out of status when you file for papers the only thing is that you can adjust your status in the US without leaving as you are physically present in the USA)
 
Thanks Sachin. Iam on H1.

Sachin, thanks for your prompt response.

Iam here on H1 and have applied for h1 transfer before I-94 expiry (April '03). Should I still do AOS. If I go to India before I-94 expiry, will it be safer to do CP (thru my husband who will be USC within the next 6-9 months). If I wait here past I-94 expiry and my H1 transfer is rejected, then which is be safer alternative. Thanks.
 
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Re: Thanks Sachin. Iam on H1 without paystubs

in your case staying in the USA is a safer option. Do note that you have been out of status for almost a year. (because of no paystubs)

If you leave the US now you will not be allowed to come back for the next 3-10 years..

waiting for ur husband to get his Citizenship is a better option right now.
 
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