Visitor visa about to expire while I 130 is in process..need advice

[jingle.dips]

My husband is a Green Card holder since 2011. I am an indian citizen having a 10 year multiple entry B2 Visitor visa since 2013. 

 

I met my husband in Jan 2014 got married to him in June 2014 in India. After our marriage, my husabnd filed a I-130 petition in July 2014. 

 

I entered USA on B2 visa in 0ct 2014 (while I-130 petition was pending) and allowed 6 month stay. My I-94 expires in April 2015.

 

My I-130 petition got approved last month with priority date as JULY 2014.

 

Can I extend my stay in USA beyond April 2015?

 

Should I file I-485 (Adjustment of status) or I-539 (B2 extension) or plan a visit to canada and then re-enter US? Please advice.

[pontevecchio]

When is he eligible to become a Citizen?

[jingle.dips]

In July 2016

[JoeF]

An I-130 does NOT give you any immigration rights.

You can only file an I-485 if the PD is current. Check the latest Visa Bulletin.

If the PD is not current, you will have to leave the country.

[pontevecchio]

The fact that your I-130 is now on file will very likely interfere with your  re-entry on a tourist visa. You cannot file AOS as the dates are not current. You cannot travel to Canada and come back as that will not add to your current I94 time. You can possibly try extension of your stay and hope that the dates will move fast as they have done in the past in which case you can file AOS. I would strongly urge you to discuss the situation with the firm of Murthy. Are you eligible to find a H1 sponsor to file your H1 in April?