Staying in US wile I-130 is being processed

[SIMRAN]

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!!!

[SIMRAN]

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!!!

[Old Man]

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.

[SIMRAN]

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.