Is it legal to Stay in US...If the papers has been filed?

W

Wrangler

Registered Users (C)
Hi All,

I'm on H1 B Visa and its expiring in Jul 2005. My employment based green card is in process...however do not know when it will be approved.

In the mean time if I decide to marry a US Citizen, and if I file the necessary applications (I485/I-765 & other documents), am I allowed to stay in US legally beyond my H1 B expiry date?

Looks like it might take 3-8 months for USCIS to process marriage based GC!
Please advise!

Many Thanks....
 
Once your I-485 is filed, even if your H1 visa expires, you are legal to stay here. In that case you fall under 'Adjustment of status' category. You can also work using your EAD card and travel using AP.
 
U are allowed to stay even based on your filing of employment based I-485 ( unless it gets denied of course).
 
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