p ms
Aug 16, 2024
Alternate Options to Keep Status After H1B Expiration
I'm on h1b, and my i-797A will expire on September 30, 2024. Given that I cannot land a job to apply for h1b extension, what are the alternate options to keep the status?
My i-140 has already been approved under eb3 (SKILLED) category. I'm waiting for priority date to be current to file my i 485 (change of status). If I were to move to f1 visa, will I still be able to file for 485 when the priority date becomes current?
Is there any grace period like 60 days or 10 days after my i797 expiration date (9/30/2024)?
what if we go b1/b2 visa route, can we still file i 485 for green card? Is b1/b2 status eligible to file i485?
what if we go f1/f2 visa route, can we still fine i 485 for green card? Is f1/f2 status eligible to file i485?
If i choose to change my status to F1/B1, the processing time may take 2-6 months for it, during that processing time in what status would I be in?
If i-485 filing date becomes current when f1/b1 is pending/processing, will I still be able to file for i-485 ?
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Lawfully UserAug 16, 2024
So do you not have a job right now? If so, I don't think you can file i485 based on that approved i140 since i140s are tied to an employer and you're no longer with that sponsor. You'll have to start over with new employer, but you do get to keep your priority date though.
If you're still with your sponsor and you think your PD will be current soon, then switching to F1/CPT to continue working until then might be a good alternative to keep your status.
Lawfully UserAug 16, 2024
and btw, there's no such thing as a certain visa type being eligible/ineligible to file i485. Anyone can technically file, even people outside the US with no status, as long as all the requirements for that GC category is met.
Charlie SCAug 16, 2024
As you have already a strong immigrant intent, I doubt F1/b1 will be approved.
J AAug 16, 2024
Moving from a different visa category when i-140 is approved is tricky due to your immigrant intent but still doable.
Sadie blessedAug 16, 2024
if you have a job and can maintain it, how about applying to extend your h1b based on your approved i140? might want to speak to a lawyer about that
