Do I need to change to B2? H1B expiring soon with green card processing (I-130, I-485, I-765)

[Starscream17529 1]

Hi all, my H1B 60 days grace period ends next week 11/11. Canadian living in US and married to a USC. We filed I-130 and I-485 concurrently (I-130 filed online PD 10/21/25, I-485, I-765 mailed to USCIS lockbox and waiting on receipt/acknowledgement). 2 questions: 

 

1. Do I need to file to change to a B2 visa if my I-485 isn't received by USCIS by 11/11? 
2. If my I-485 is acknowledged and and received by USCIS before 11/11, is there any further action that needs to be taken on my end? 

 

[mam521 2,736]

Hi and welcome to the forum.  Please fill out your timeline: https://www.visajourney.com/timeline/profile.php?id=492865

 

If you've filed to adjust status, you can't leave the country.  You now have to sit tight and wait for your EAD to be approved.  You're in that weird bubble of authorized stay but no status.  Start putting together everything you're going to need to prove to USCIS that you've entered into a legitimate marriage.  

[OldUser 10,866]

1. No, you won't be given B1 / B2 visa or status after filing for adjustment

2. Collect evidence, prepare for interview. Attend biometrics. Don't leave the US. File AR-11 if you change address.

Edited Tuesday at 09:09 PM by OldUser

[Starscream17529 1]

48 minutes ago, OldUser said:

1. No, you won't be given B1 / B2 visa or status after filing for adjustment

2. Collect evidence, prepare for interview. Attend biometrics. Don't leave the US. File AR-11 if you change address.

 

Sorry if 1 was unclear - I am asking if: 11/11 comes and USCIS has not received my I-485 if I need to file for B2 status in order to not overstay, or if having received a NOA for my I-130 is sufficient. My package was only shown by FedEx as being delivered to the lockbox yesterday, so it's pretty close to the wire. 

[OldUser 10,866]

27 minutes ago, Starscream17529 said:

 

Sorry if 1 was unclear - I am asking if: 11/11 comes and USCIS has not received my I-485 if I need to file for B2 status in order to not overstay, or if having received a NOA for my I-130 is sufficient. My package was only shown by FedEx as being delivered to the lockbox yesterday, so it's pretty close to the wire. 

You cannot change status to B2 after demonstrating immigrant intent by filing for adjustment. You will be out of status, but it will be forgiven because you're married to US citizen.

Edited Tuesday at 10:29 PM by OldUser

[Starscream17529 1]

@OldUser Understood, thanks for replying!