Received Greencard Approval but Visa is running out
Jul 17th 2019, 9:11 pm
#1
Just Joined
Thread Starter
Joined: Jun 2016
Posts: 29
Received Greencard Approval but Visa is running out
Hi, wanted to run this by the group as I’m not what to do.
My wife and I received our Greencard approval for the US a couple of months ago. Letter in the post. No interview yet.
Apparently the backlog means we won’t receive the Greencard until around Aug of 2020. Our O-1 visa runs out Oct 19. Our lawyer is saying we need to renew both visas to ensure we are covered in the US until the Greencard comes through. However, I just spoke to a friend who has done the same process as us and his lawyer didn’t do that, said that he just needed to apply for an Extended Work Permit for a year. That because we’ve been approved we’d do that and not need to extend our visa. Therefore there wouldn’t be the big cost assigned to extended the visa.
I dont know who is right and don’t want to run the risk of our visa expiring and being here illegally.
Any my advice would be a huge help
thanks
My wife and I received our Greencard approval for the US a couple of months ago. Letter in the post. No interview yet.
Apparently the backlog means we won’t receive the Greencard until around Aug of 2020. Our O-1 visa runs out Oct 19. Our lawyer is saying we need to renew both visas to ensure we are covered in the US until the Greencard comes through. However, I just spoke to a friend who has done the same process as us and his lawyer didn’t do that, said that he just needed to apply for an Extended Work Permit for a year. That because we’ve been approved we’d do that and not need to extend our visa. Therefore there wouldn’t be the big cost assigned to extended the visa.
I dont know who is right and don’t want to run the risk of our visa expiring and being here illegally.
Any my advice would be a huge help
thanks
Jul 17th 2019, 9:33 pm
#2
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Joined: Feb 2015
Location: New Jersey, USA
Posts: 565
Re: Received Greencard Approval but Visa is running out
There are a lot of variables at play here before anybody can give you correct advice and I worry that my post is going to make little sense to you but anyway...
It sounds like your I-140 has been approved which is the first step, it doesn't give you a green card directly.
What category was your I-140 filed under? EB-1, 2, 3? Were you born in the UK?
Have you actually filed to adjust status (form I-485) yet? Did you apply for Employment Authorization and Advance Parole as part of that process? I'd assume so because you can't travel on an O-1 visa without abandoning the adjustment process, you need to use Advance Parole.
It sounds like your I-140 has been approved which is the first step, it doesn't give you a green card directly.
What category was your I-140 filed under? EB-1, 2, 3? Were you born in the UK?
Have you actually filed to adjust status (form I-485) yet? Did you apply for Employment Authorization and Advance Parole as part of that process? I'd assume so because you can't travel on an O-1 visa without abandoning the adjustment process, you need to use Advance Parole.
Jul 17th 2019, 10:20 pm
#3
Just Joined
Thread Starter
Joined: Jun 2016
Posts: 29
Re: Received Greencard Approval but Visa is running out
Hi, thanks for getting back to me.
It's a EB-1. We are yet to do an interview.
We are both born in the UK.
We did the i-140 form. Not sure about the others tbh.
It's a EB-1. We are yet to do an interview.
We are both born in the UK.
We did the i-140 form. Not sure about the others tbh.
Jul 17th 2019, 11:04 pm
#4
BE Enthusiast
Joined: Feb 2015
Location: New Jersey, USA
Posts: 565
Re: Received Greencard Approval but Visa is running out
Okay, if you've not filed for adjustment of status then it sounds like you will have to renew your O visas if they expire in October.
If you have a pending I-485 you are allowed to remain in the country while it is adjudicated and as part of the process you can apply for Advance Parole (to allow you to leave the USA and re-enter without abandoning the process) and Employment Authorization. The problem is that EB-1 worldwide is retrogressed at the moment and so you can't file right now. Do you know what your priority date is?
Your friend probably filed a year or two ago when EB-1 was current and you could file both parts at the same time. Unfortunately demand has gone up and things have changed recently.
If you have a pending I-485 you are allowed to remain in the country while it is adjudicated and as part of the process you can apply for Advance Parole (to allow you to leave the USA and re-enter without abandoning the process) and Employment Authorization. The problem is that EB-1 worldwide is retrogressed at the moment and so you can't file right now. Do you know what your priority date is?
Your friend probably filed a year or two ago when EB-1 was current and you could file both parts at the same time. Unfortunately demand has gone up and things have changed recently.
