H2B visa holder applied for green card

[DnGWatson 0]

Hello,

My husband is here legally with an h2b visa. We submitted the I-130 and I-485 concurrently at the beginning of September. His visa will expire the middle of November. I'm unsure if by filing the adjustment of status form will allow him to stay in the states until his green card processed. Or will he have to return home.

Thank you for any help with the question

[Hypnos 6,576]

Once USCIS accepted his I-485 for processing then he was placed into a new period of authorised stay which will persist until his application is adjudicated, however long that takes.

[Ian H. 207]

As mentioned above, by filing the the I-485 your husband is placed into a new period of authorized stay and will remain in that status as long as the petition is pending.

Once it's approved, he will be an LPR and his authorized stay will be permanent. Also, once his visa expires, he will no longer be able to work or travel under that visa.

If you haven't done so already, you should submit EAD and AP applications. These are forms I-765 and I-131 respectively and these are free with a pending I-485.

If you didn't submit them with the I-485, you can submit them now with a copy of the NOA1 for the I-485. Once he receives his EAD/AP card, it will allow your husband to work and travel after his visa expires and while his AOS is pending.