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Approved I130, 6 years H1B expiring

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  • Approved I130, 6 years H1B expiring

    Hello,
    I have an approved I130 via my wife's green card(F2A) with Priority date May 9th 2016. Current date for filling AOS date is Apr 2016. It didn't change for last 6 months..

    My H1B is Expiring Nov,17th 2017, PERM still pending(PD: june 2017).

    If my priority date doesn't go current in october 2017, I may run out of status.

    I think i need a couple more months to stay in status.
    Is it possible to get some kind of temporary status(visitor, F1 etc) while I wait for my priority date to go current?

    if I have to leave the country, will I have to re apply for I130 since i can't apply for AOS from overseas.

    Thanks in Advance.

  • #2
    F1 status is less likely, since the fact that you have an accepted I130, and imminent PD can be taken as immigration intent. Same goes for the visitor visa. Your choices would be:
    (1) Instead of AOS do a consular processing for immigrant visa via your I130 petition. You do not need to file another I130.
    (2) Retain some time on your H1, leave the country, and when your I130 PD becomes current for AOS, return back (reclaiming the unused H1 time) and file for AOS.
    Just an opinion; Not legal advice.

    Comment


    • #3
      Did you marry before or after your wife became a permanent resident?

      This is my personal opinion and is not to be construed as legal advice.

      Comment


      • #4
        Thank you Scientist.

        If i were to go with the consular processing route, will I have to apply for I-824? I hear it takes a while to process.

        Also, in this case, my wife wants to quit her job and go to India with me. Will this affect my consular processing?(as long as she maintains her green card status properly).

        - - - Updated - - -

        Originally posted by newacct View Post
        Did you marry before or after your wife became a permanent resident?
        I married after my wife got GC. I believe she got her GC around 2008

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