I-130 Approved
#1
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I-130 Approved
I am currently in USA on an H1B visa. I came to US in 2003 on F-1 Visa
and got an H1-B in Jan of 05. My wife is a permanent resident. She
filed the I-130 petition for me in Jan 04. I checked the status of
this application today and it said that it was approved and they sent
the notice on July 12th 07.
1. What is the procedure after I-130 is approved?
2. Would that change my status from H-1B to Permanent Resident?
3. I am not sure if we filed I-485 and other forms while filing I-130
but would I have to file them now?
4. Can I get a work-permit to work in US rather than having to work as
an H-1B? Or does I-130 approval give me a right to work since I am
already in US?
I would really appreciate your responses.
Thanks.
- Mike
and got an H1-B in Jan of 05. My wife is a permanent resident. She
filed the I-130 petition for me in Jan 04. I checked the status of
this application today and it said that it was approved and they sent
the notice on July 12th 07.
1. What is the procedure after I-130 is approved?
2. Would that change my status from H-1B to Permanent Resident?
3. I am not sure if we filed I-485 and other forms while filing I-130
but would I have to file them now?
4. Can I get a work-permit to work in US rather than having to work as
an H-1B? Or does I-130 approval give me a right to work since I am
already in US?
I would really appreciate your responses.
Thanks.
- Mike
#2
Re: I-130 Approved
After an I-130 is approved, there are some fees to be paid through National Visa Center (they will notify your wife by mail). After that, your case gets sent to the US embassy overseas and you will be sent some visa application paperwork. You would return to that country to get a police report, medical, and attend an interview. You would then return to the USA using your immigrant visa, and become a PR upon entry.
No. Simply having an approved I-130 does not change your status.
Surely you kept copies of everything you filed? If you didn't, you should start doing now. Keep a copy of everything you ever send to or receive from USCIS. If it turns out you did not file an I-485 along with the I-130, you can do an AOS package now, without leaving the USA. I am not sure if you need to include the approval of the current I-130 or file a new one, though.
The I-130 approval alone does not give you the right to work in the USA, no. If you file AOS now, you can include form I-765 to obtain an EAD (employment authorization document), which takes about 90 days to arrive after filing. Only with the EAD can you change jobs. If you plan on keeping your same job, you don't really need the EAD.
Best Wishes,
Rene
2. Would that change my status from H-1B to Permanent Resident?
3. I am not sure if we filed I-485 and other forms while filing I-130
but would I have to file them now?
but would I have to file them now?
4. Can I get a work-permit to work in US rather than having to work as
an H-1B? Or does I-130 approval give me a right to work since I am
already in US?
an H-1B? Or does I-130 approval give me a right to work since I am
already in US?
Best Wishes,
Rene
#3
Re: I-130 Approved
I am currently in USA on an H1B visa. I came to US in 2003 on F-1 Visa
and got an H1-B in Jan of 05. My wife is a permanent resident. She
filed the I-130 petition for me in Jan 04. I checked the status of
this application today and it said that it was approved and they sent
the notice on July 12th 07.
1. What is the procedure after I-130 is approved?
2. Would that change my status from H-1B to Permanent Resident?
3. I am not sure if we filed I-485 and other forms while filing I-130
but would I have to file them now?
4. Can I get a work-permit to work in US rather than having to work as
an H-1B? Or does I-130 approval give me a right to work since I am
already in US?
I would really appreciate your responses.
Thanks.
- Mike
and got an H1-B in Jan of 05. My wife is a permanent resident. She
filed the I-130 petition for me in Jan 04. I checked the status of
this application today and it said that it was approved and they sent
the notice on July 12th 07.
1. What is the procedure after I-130 is approved?
2. Would that change my status from H-1B to Permanent Resident?
3. I am not sure if we filed I-485 and other forms while filing I-130
but would I have to file them now?
4. Can I get a work-permit to work in US rather than having to work as
an H-1B? Or does I-130 approval give me a right to work since I am
already in US?
I would really appreciate your responses.
Thanks.
- Mike
There is a visa number immediately available for the spouse of a US citizen, not so much for the spouse of a PR.
You can apply to adjust status when you have a visa number available for you.
If your wife naturalizes to US citizenship, a number becomes immediately available for you.
The I-130 approval simply says 'this woman is a US PR and she is married to this beneficiary'.