is it legal to stay if H1 extension pending?

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sm11299

Registered Users (C)
I am during my 2nd year Internal Medicine residency.Iam finishing 6 years of my H4 +H1 visa this Nov06(I have already recovered my time spent outside U.S.A).Istill need 1year to complete my 3rd year residency.however my husband labour(EB2 RIR, NY, PD May 2001) got approved and he is waiting for visa numbers to apply for I140 and I485.we have contacted a lawyer who advised us to to apply for 7th year extension in regular category to buy some time but
1.Is it legal to stay and work while my visa issue is pending?
2.If my visa gets rejected (which it will be in my case) am I considered to be out of status?I have read in this forum that it is considered an authorised stay.What is meant by authorised stay?
3.Ar there any other options for me?

Please Help.Thanks for the response in advance.
 
sm11299 said:
1.Is it legal to stay and work while my visa issue is pending?
2.If my visa gets rejected (which it will be in my case) am I considered to be out of status?I have read in this forum that it is considered an authorised stay.What is meant by authorised stay?
3.Ar there any other options for me?

Please Help.Thanks for the response in advance.
Click to expand...
I assume "visa" you are referring to is "status extension".
1. You can stay as long as petition is pending, and H1 can work up to 240 days.
2. If your extension was rejected during I-94 validity, you are still fine. But if extension was denied after I-94 expiration, you are considered overstaying.
 
Last edited by a moderator:
You are considered legal as long as the petition is pending with INS.If it is denied you are given 1 month to wind up and go back to your home country.
 
What status are you currently in US.??

If you are in H4 you can allowed to stay with your husband H1 7th year extn.
If yours is H1 you can not allowd to stay without a LC pending on your name.

Your husband can file his I 140 right away however EB2 as of today no date is available and going to be same situation until Oct 2006.

After Oct 2006 the situation may change and if you have your I 140 approved you can adjust your status then. However you should maintain your status until your AOS is processed.

sm11299 said:
I am during my 2nd year Internal Medicine residency.Iam finishing 6 years of my H4 +H1 visa this Nov06(I have already recovered my time spent outside U.S.A).Istill need 1year to complete my 3rd year residency.however my husband labour(EB2 RIR, NY, PD May 2001) got approved and he is waiting for visa numbers to apply for I140 and I485.we have contacted a lawyer who advised us to to apply for 7th year extension in regular category to buy some time but
1.Is it legal to stay and work while my visa issue is pending?
2.If my visa gets rejected (which it will be in my case) am I considered to be out of status?I have read in this forum that it is considered an authorised stay.What is meant by authorised stay?
3.Ar there any other options for me?

Please Help.Thanks for the response in advance.
Click to expand...
 
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