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.
__________________
PD 05/09/2001
EB2 RIR New York
45 DAYS LETTER RECEIVED & REPLIED 11/10/2005
NOF RECEIVED ON 06/22/2006
RESPONDED TO NOF ON 07/18/2006
LABOR CERTIFIED ON 07/31/2006
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.
__________________
PD 05/09/2001
EB2 RIR New York
45 DAYS LETTER RECEIVED & REPLIED 11/10/2005
NOF RECEIVED ON 06/22/2006
RESPONDED TO NOF ON 07/18/2006
LABOR CERTIFIED ON 07/31/2006