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DnGWatson

H2B visa holder applied for green card

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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

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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.


Widow/er AoS Guide | Have AoS questions? Read (some) answers here

 

AoS

Day 0 (4/23/12) Petitions mailed (I-360, I-485, I-765)
2 (4/25/12) Petitions delivered to Chicago Lockbox
11 (5/3/12) Received 3 paper NOAs
13 (5/5/12) Received biometrics appointment for 5/23
15 (5/7/12) Did an unpleasant walk-in biometrics in Fort Worth, TX
45 (6/7/12) Received email & text notification of an interview on 7/10
67 (6/29/12) EAD production ordered
77 (7/9/12) Received EAD
78 (7/10/12) Interview
100 (8/1/12) I-485 transferred to Vermont Service Centre
143 (9/13/12) Contacted DHS Ombudsman
268 (1/16/13) I-360, I-485 consolidated and transferred to Dallas
299 (2/16/13) Received second interview letter for 3/8
319 (3/8/13) Approved at interview
345 (4/3/13) I-360, I-485 formally approved; green card production ordered
353 (4/11/13) Received green card

 

Naturalisation

Day 0 (1/3/18) N-400 filed online

Day 6 (1/9/18) Walk-in biometrics in Fort Worth, TX

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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.


This does not constitute legal advice.

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