Hi,
I am a US citizen, and I will petition for my father. He is in US on B2 visa. Visa will expire March 2008. We will probably get everything ready and send in I-130 and 1-485 in one package in Jan 2008. My question is: once we submit the package, can my dad legally stay in US, even after his visa expires?
I've read the guide. Seems like he can legally wait in US. But I hope to get confirmation from one of you experts.
Thanks,
Hua
Full Version: maintaining visa status during petition??
VisaJourney.com > General Family Based Immigration Topics > Bringing family members of US Citizens to America
YES 
it just like any other NON-IMMIGRANT visa holder adjusting status. Example K-1 adjusting status always have expired visa while waiting for AOS.
File for AP, and EAD along with the I-485, they don't cost more when filed for with AOS. AP allows travel out of the country and re-entry, and EAD allows getting SSN, and perhaps work.
I-765 (EAD) code is (c )(6 ) based on pending I-485.
it just like any other NON-IMMIGRANT visa holder adjusting status. Example K-1 adjusting status always have expired visa while waiting for AOS.File for AP, and EAD along with the I-485, they don't cost more when filed for with AOS. AP allows travel out of the country and re-entry, and EAD allows getting SSN, and perhaps work.
I-765 (EAD) code is (c )(6 ) based on pending I-485.
QUOTE(YuAndDan @ Dec 18 2007, 05:31 PM) 
YES it just like any other NON-IMMIGRANT visa holder adjusting status. Example K-1 adjusting status always have expired visa while waiting for AOS.
File for AP, and EAD along with the I-485, they don't cost more when filed for with AOS. AP allows travel out of the country and re-entry, and EAD allows getting SSN, and perhaps work.
I-765 (EAD) code is (c )(6 ) based on pending I-485.
it just like any other NON-IMMIGRANT visa holder adjusting status. Example K-1 adjusting status always have expired visa while waiting for AOS.File for AP, and EAD along with the I-485, they don't cost more when filed for with AOS. AP allows travel out of the country and re-entry, and EAD allows getting SSN, and perhaps work.
I-765 (EAD) code is (c )(6 ) based on pending I-485.
YuAndDan, thank you so much.
Hua
QUOTE(YuAndDan @ Dec 18 2007, 05:31 PM)
YES it just like any other NON-IMMIGRANT visa holder adjusting status. Example K-1 adjusting status always have expired visa while waiting for AOS.
File for AP, and EAD along with the I-485, they don't cost more when filed for with AOS. AP allows travel out of the country and re-entry, and EAD allows getting SSN, and perhaps work.
I-765 (EAD) code is (c )(6 ) based on pending I-485.
it just like any other NON-IMMIGRANT visa holder adjusting status. Example K-1 adjusting status always have expired visa while waiting for AOS.File for AP, and EAD along with the I-485, they don't cost more when filed for with AOS. AP allows travel out of the country and re-entry, and EAD allows getting SSN, and perhaps work.
I-765 (EAD) code is (c )(6 ) based on pending I-485.
Hi, one more question. If I don't apply EAD, will my dad eventually get SSN after getting green card?
Thanks,
QUOTE(hua @ Dec 20 2007, 01:41 PM)
Hi, one more question. If I don't apply EAD, will my dad eventually get SSN after getting green card?
Thanks,
Thanks,
Yes he can. Green card trumps EAD. That is, with a green card, your father will be free to work and travel.
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