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My visa expires in January and I probably won't get my I-485 approved until next spring. When do I get a visa stamp to show that I'm still waiting?

2007-12-03 15:27:44 · 4 answers · asked by Me 4 in Politics & Government Immigration

4 answers

You should get a letter extending everything for another year. I don't remember how long before the visa expires they send it though.

edit:

Fred, I'm going to assume you gave me the neg but you are wrong. When you have a petition pending for adjustment of status, they give you temporary EAD valid for work for a year. If their processing time takes longer, you can file for an renewal EAD.
I couldn't remember if you had to apply or if it did it automatically, it's been a while since I've been through that.

I looked it up on the USCIS site and you have to renew your EAD. However, you are supposed to apply for renewal 6 months in advance.
http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=d502194d3e88d010VgnVCM10000048f3d6a1RCRD&vgnextchannel=1847c9ee2f82b010VgnVCM10000045f3d6a1RCRD

2007-12-03 15:32:26 · answer #1 · answered by peacewithin 3 · 0 1

If you filed I-485 and received Receipt Notice, your status is Pending AOS and you are legal. You probably have received or on the way of EAD (Employment Authorization Document) card which let you work while your waiting for your approval and AP (Advanced Parole) which let you travel freely out and in from US. Although it is not good idea to be out of US long period of time. At the Port of Entry, if you show your AP, Immigration Officer will check with the computer and they will know that your AOS is pending.
If you have H-1B visa that is valid longer, you can use that to travel or if you want it is better to get H1B get stamped. Usually H-1B has 3 years of extension, meanwhile EAD, you have renew every year, 6 month prior to the card expiration date. Good luck.

2007-12-03 17:45:57 · answer #2 · answered by pianojangee 7 · 0 0

If you have submitted Form I-485, you are not likely to be eligible for an extension of stay, unless you're an L-1 or an H-1B. Are you?

The visa in your passport cannot be extended. The only place where visas are issued is at an embassy or consulate outside the U.S. What kind of visa is it?

If you have submitted an I-485, you may not want to travel outside the U.S. Your departure from the United States (including brief visits to Canada or Mexico) constitutes an abandonment of your adjustment of status application, unless you are granted permission to depart and you are inspected upon your return to the United States.

H, L, V or K3/K4 nonimmigrants would be exceptions to the above rule.

You're allowed to stay in the U.S. until a decision is made on your I-485 application.

2007-12-03 15:43:01 · answer #3 · answered by Fred S 7 · 0 3

Dear Dont worry, there are separate rules in separate country, and we could not for which country you are asking, if you are speaking for India here is no problem, you can submit all your previous papers for issuing a fresh VISA

2016-05-28 02:23:49 · answer #4 · answered by doris 3 · 0 0

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