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Staying in US wile I-130 is being processed

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  • Staying in US wile I-130 is being processed

    Hello,

    My husband is going to file I130 for me. I am currently in the US with an H1B visa. My visa can be extended for upto 3 yrs. My question is if my H1-B expires or I get laid off can I stay in the US but of course not working while my I-130 is being processed? Or do I have to go back to my country and wait for the greencard for GOd knows how long!!!

  • #2
    Hello,

    My husband is going to file I130 for me. I am currently in the US with an H1B visa. My visa can be extended for upto 3 yrs. My question is if my H1-B expires or I get laid off can I stay in the US but of course not working while my I-130 is being processed? Or do I have to go back to my country and wait for the greencard for GOd knows how long!!!

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    • #3
      When your visa status expires, you leave the US or you become an illegal alien. An I-130 (pending or approved) does not give you any visa status. If your husband is a USC, you should be filing the I-130/I-485 together. Pending AOS tolls your status and you get an EAD. If he is an LPR, you should maintain status until you can file the I-485 (about 5 years) or you should plan on going back to your home country.

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      • #4
        Thanks. If there is no other option I can get a F1-VISA right?
        Can H1-B visa be extended for more than 6 yrs, for e.g if I work with the same company and they decide to process my greencard on the 5th year can I stay in the US while I-130 is being processed.

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