Indian Spouse of Indian LPR in Student Visa.

[srajeevan 5]

Hi, 

I am new here.I need suggestions on my case.

I my wife(petitioner) filed I-130 for me on May 2018 and it's been 7 months and counting.It is in CSC.

I have been going through forums and learned that it takes more than a year(1 year 5 months + ) for I-130 approval.

Currently i am on F1 -OPT and it is valid till Feb 2020.

If my H1-B is getting approved next year,2019 then i have nothing to worry about.

I am thinking about the worst case scenario,where i have to continue on my F1-OPT till Feb 2020 and my GC is not yet processed.

 

I am thinking of filing for AOS and i-765 when my filing date(Not Final Action date) becomes current in Visa bulletin.So does that allow me to stay in US after Feb 2020 (when my F1 -OPT expires).

Or do i have wait for I-130 to get approved for i-765 approval?

 

Any help/suggestions will be appreciated.?

 

[USS_Voyager 1,971]

You can file AOS (I-485) and I-765 as well as I-131 when you filling date is current. Yes, that will allow you to remain in a period of authorized stay, provided you are not out of status at the time you file.

[srajeevan 5]

On 12/12/2018 at 11:05 AM, USS_Voyager said:

 

Okay ,so i will be able to legally stay even though my I-130 pending.Since my F1 Work authorization expires on Feb 2020 ,can i work after Feb 2020 within the authorized stay?

 

[USS_Voyager 1,971]

3 minutes ago, srajeevan said:

Okay ,so i will be able to legally stay even though my I-130 pending.Since my F1 Work authorization expires on Feb 2020 ,can i work after Feb 2020 within the authorized stay?

 

No, not the I-130. You can stay legally only if the I-485 is pending. Which brings the question what status is your wife (US citizen, GC holder) and when do you expect you date to be current. Note: if you wife is a US citizen, you can file the I485 now.

[srajeevan 5]

My Wife is a GC holder.

Sorry i may have confused.

For ex: My PD is May 2018 and it will take almost 20 months for i-130 approval.But before i-130 approval i can apply for i-485 when my filing date becomes current(filing date currently is DEC 2017 for the last 5 months).When i apply i-485 ,my i-130 is still pending,so in that case would i be able to stay legally?

 

[srajeevan 5]

On 1/10/2019 at 2:51 PM, srajeevan said:

My Wife is a GC holder.

Sorry i may have confused.

For ex: My PD is May 2018 and it will take almost 20 months for i-130 approval.But before i-130 approval i can apply for i-485 when my filing date becomes current(filing date currently is DEC 2017 for the last 5 months).When i apply i-485 ,my i-130 is still pending,so in that case would i be able to stay legally?

 

@USS_Voyager What do you think?  Thanks

[USS_Voyager 1,971]

On 1/10/2019 at 1:51 PM, srajeevan said:

My Wife is a GC holder.

Sorry i may have confused.

For ex: My PD is May 2018 and it will take almost 20 months for i-130 approval.But before i-130 approval i can apply for i-485 when my filing date becomes current(filing date currently is DEC 2017 for the last 5 months).When i apply i-485 ,my i-130 is still pending,so in that case would i be able to stay legally?

 

Yes, as long as you are able to apply for the I-485, and while that is pending, you're considered in an authorized period of stay.

[Raihan Alfaro 0]

 

On 12/10/2018 at 12:20 PM, srajeevan said:

Hi, 

I am new here.I need suggestions on my case.

I my wife(petitioner) filed I-130 for me on May 2018 and it's been 7 months and counting.It is in CSC.

I have been going through forums and learned that it takes more than a year(1 year 5 months + ) for I-130 approval.

Currently i am on F1 -OPT and it is valid till Feb 2020.

If my H1-B is getting approved next year,2019 then i have nothing to worry about.

I am thinking about the worst case scenario,where i have to continue on my F1-OPT till Feb 2020 and my GC is not yet processed.

 

I am thinking of filing for AOS and i-765 when my filing date(Not Final Action date) becomes current in Visa bulletin.So does that allow me to stay in US after Feb 2020 (when my F1 -OPT expires).

Or do i have wait for I-130 to get approved for i-765 approval?

https://cardgenerator.io/

Any help/suggestions will be appreciated.?

 

 

I don't know much about it but I think it is related to this. The US While studying for student visas, students with part-time work F1 visas can not employ employment during the first year of study. In some circumstances, the US Citizenship and Immigration Service can allow for a one-year post-completion of campus jobs.

[SusieQQQ 11,584]

On 1/10/2019 at 11:25 AM, srajeevan said:

Okay ,so i will be able to legally stay even though my I-130 pending.Since my F1 Work authorization expires on Feb 2020 ,can i work after Feb 2020 within the authorized stay?

 

You can be in authorized stay with adjustment pending but you can’t work in that status without an EAD.

Remember for spouse of LPR you have to have remained in status the entire time to be able to adjust successfully. Unlike spouse of USC you would not be forgiven for overstay, unauthorized work etc.

Edited January 22, 2019 by SusieQQQ

[WeGuyGal 1,052]

Even if you're in a period of authorized stay by filing i485, you cannot work once OPT ends a year from now without an EAD. Was your wife's green card employment based or family based?