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Indian Spouse of Indian LPR in Student Visa.

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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.?


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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.

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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?


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