GreenCard-H1-Extension Posted May 13, 2018 Report Share Posted May 13, 2018 I have applied for a marriage based green-card already, but that has not yet been approved. I am currently on an H1b, but given that I applied for the marriage based green-card, my employer did not apply for a greencard for me. My second H1b stay expires in about 5 months - I would like to know if it is possible for me to extend my H1b for the 7th year, given that I have already applied for a green-card, even though it is not an employment based green-card? Thanks! Link to comment
pontevecchio Posted May 14, 2018 Report Share Posted May 14, 2018 No. You could use your EAD or the GC when it arrives. Link to comment
GreenCard-H1-Extension Posted May 14, 2018 Author Report Share Posted May 14, 2018 Thanks, it's as I suspected. I have filed an I-130 and along with that, an I-765 (among others). Both these forms have been received, but not yet approved. What happens in the scenario where my H1 expires, but my green-card EAD has not yet been approved? I understand that I cannot continue to work, but can I stay in the country or will I have to leave? If I do end up having to leave, how will it affect the green-card process? Thanks! Link to comment
pontevecchio Posted May 16, 2018 Report Share Posted May 16, 2018 Yes. You are absolutely legal to stay awaiting AOS. Link to comment
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