Remain in US if I-485/I-130 Filed?

S

shinkansen

Registered Users (C)
If someone's H1B (already in the US) was going to expire and they were applying for family based GC, are they able to remain in the US as long as I-485/I-130 is filed prior to expiration of H1B, or would they be out-of-status?

Thanks
 
A properly filed I-485 before the H1B expires would allow them to remain in the US and prevent them from going out of status ... but once the H1B expires* they have to stop working until they get the EAD or GC itself.


*but if an H1B extension was filed before expiration of the existing H1B, they can keep working for the H1B sponsoring employer while the extension is pending.
 
What type of family-based application is it? Some categories are not allowed to file I-130 and I-485 together. If the timelines in your signature represent your own immigration processes, it looks like you're not a US citizen yet which means your spouse or child(ren) will not be eligible to file I-485 anytime soon, and it also means you cannot file I-130 for a new spouse until July this year (i.e. 5 years after your GC was granted).
 
Last edited by a moderator:
Would be a marriage-based GC application. By the time we submit it I will be a citizen (later this year). I can apply N-400 90 days prior to 5yr, so end of April. No problem on not working until EAD etc. Thanks.
 
shinkansen said:
Would be a marriage-based GC application. By the time we submit it I will be a citizen (later this year). I can apply N-400 90 days prior to 5yr, so end of April. No problem on not working until EAD etc. Thanks.
Click to expand...

OK, I see. But you should have posted to your existing thread which is about the same situation, instead of creating a new thread which loses the background and context.

I'm linking to your original thread: http://forums.immigration.com/showthread.php?547179
 
You must log in or register to reply here.
Top