ConfusedImmigrant Posted August 10, 2011 Report Share Posted August 10, 2011 I'm currently on a H1B Visa but it is going to expire soon. My sister is a US citizen and she is willing to sponsor me for a Family based Green Card. If we file for the Family based Green Card before my H1B expires, can I still stay in the US legally while the Family based Green Card is pending or would I have to go back and wait for the Green Card to be approved? Thank you. Link to comment
redgreenbluee Posted August 10, 2011 Report Share Posted August 10, 2011 please consult a lawyer. having a pending or approved I-130 does not give the beneficiary (ie you) immigration rights, you will need to maintain your own NIV status while waiting for your PD to be current. Originally posted by ConfusedImmigrant: I'm currently on a H1B Visa but it is going to expire soon. My sister is a US citizen and she is willing to sponsor me for a Family based Green Card. If we file for the Family based Green Card before my H1B expires, can I still stay in the US legally while the Family based Green Card is pending or would I have to go back and wait for the Green Card to be approved? Thank you. Link to comment
ConfusedImmigrant Posted August 10, 2011 Author Report Share Posted August 10, 2011 NIV?? PD?? Meaning, I will have to go back, right? Link to comment
redgreenbluee Posted August 10, 2011 Report Share Posted August 10, 2011 please consult a lawyer. yes, you will need to maintain your own legal status while staying in the US and waiting for your priority date to be current (where your petition will move to the next stage). Originally posted by ConfusedImmigrant: NIV?? PD?? Meaning, I will have to go back, right? Link to comment
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