Waiting for I-130/I-485 Approval while on H1

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Apr 15th 2004, 8:13 pm

Nomad

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Waiting for I-130/I-485 Approval while on H1

I have applied for I-485 as of December 2003 (I just got married to a
US citizen) and am currently awaiting the I-130 (EAD). I have not
received a receipt from the INS regarding my application yet. Right
now it is currently "in review" according to the INS.

I am currently working under an H1 Visa which expires in July. Do I
need to renew my H1 visa while I am waiting for the other approval?

Or am I allowed to stay in the US and wait for my EAD (I-130) to
arrive?

Please advise...

Apr 15th 2004, 9:23 pm

Joachim Feise

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Re: Waiting for I-130/I-485 Approval while on H1

nomad wrote on 4/15/2004 13:13:

    > I have applied for I-485 as of December 2003 (I just got married to a
    > US citizen) and am currently awaiting the I-130 (EAD).

That would be form I-131. The I-130 is something completely different...

    > Or am I allowed to stay in the US and wait for my EAD (I-130) to
    > arrive?

You are allowed to stay because you have an I-485 pending, but you can
not work unless you either have a valid H1 or an EAD.

-Joe

Apr 16th 2004, 12:41 am

William McHarg

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Re: Waiting for I-130/I-485 Approval while on H1

On Thu, 15 Apr 2004 14:23:53 -0700, Joachim Feise <[email protected]>
wrote:

    >nomad wrote on 4/15/2004 13:13:
    >> I have applied for I-485 as of December 2003 (I just got married to a
    >> US citizen) and am currently awaiting the I-130 (EAD).
    >That would be form I-131. The I-130 is something completely different...
    >> Or am I allowed to stay in the US and wait for my EAD (I-130) to
    >> arrive?
    >You are allowed to stay because you have an I-485 pending, but you can
    >not work unless you either have a valid H1 or an EAD.
    >-Joe

I-130 is petition to establish relationship between either an LPR or
Citizen and an alien

I-131 is filed to get travel authorization

I-765 is filed to get employment authorization

Apr 16th 2004, 5:46 am

Joachim Feise

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Re: Waiting for I-130/I-485 Approval while on H1

William McHarg said on 4/15/2004 17:41:

    > On Thu, 15 Apr 2004 14:23:53 -0700, Joachim Feise <[email protected]>
    > wrote:
    >
    >
    >>nomad wrote on 4/15/2004 13:13:
    >>>I have applied for I-485 as of December 2003 (I just got married to a
    >>>US citizen) and am currently awaiting the I-130 (EAD).
    >>That would be form I-131. The I-130 is something completely different...
    >>>Or am I allowed to stay in the US and wait for my EAD (I-130) to
    >>>arrive?
    >>You are allowed to stay because you have an I-485 pending, but you can
    >>not work unless you either have a valid H1 or an EAD.
    >>-Joe
    >
    >
    > I-130 is petition to establish relationship between either an LPR or
    > Citizen and an alien
    >
    > I-131 is filed to get travel authorization
    >
    > I-765 is filed to get employment authorization

Oops. Brain-fart... You are right.

-Joe