Change of status in the US...


shawnt

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I have entered the US with a B2 (?) tourist visa and am a married son of a US citizen. I have read in USCIS website on Green Card for a Family Member of a US Citizen that if I have an approved petition and am already in the US legally, that I can wait for my petition to become current and just file for change of status? 

 

Is this true? Does that mean, I can just stay until petition becomes current? I ask because I have been coming here with a tourist visa to visit my mom and dad but since they are getting really old, I want to stay longer than what the tourist visa permits perhaps stay until I can have a change of status.

 

If this information is true, any advise on how I can stay longer legally? thank you and I appreciate the help.

 

shawnt

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please consult a lawyer.

 

no, you will need to maintain your own legal status until your PD is current.

 

if you have a pending I-485, you can stay and wait until your GC is approved. your PD need to be current to apply I-485.

 

 

I have entered the US with a B2 (?) tourist visa and am a married son of a US citizen. I have read in USCIS website on Green Card for a Family Member of a US Citizen that if I have an approved petition and am already in the US legally, that I can wait for my petition to become current and just file for change of status? 

 

Is this true? Does that mean, I can just stay until petition becomes current? I ask because I have been coming here with a tourist visa to visit my mom and dad but since they are getting really old, I want to stay longer than what the tourist visa permits perhaps stay until I can have a change of status.

 

If this information is true, any advise on how I can stay longer legally? thank you and I appreciate the help.

 

shawnt

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  • 3 weeks later...

Hi,

 

I am currently living in Hyderabad, India. My fiance is on F1 visa. I want to apply for B1-B2 visa and convert to H1 for work. How will be able to do it. Kindly suggest

 

 

Best Regards,

Avinash

B2 visa is a visitor visa for tourist purpose and you have to exit US before I94 date expires.

The good option is to find an employer when you are in India who is willing to give you a job and file a cap subject H1B petition next April and upon approval you can enter and start working for that employer from Oct 1st 2014.

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