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  1. #1
    Join Date
    Oct 2009
    Posts
    1

    Default Apply for Green Card While H1b Pending and Visa Expired

    I was F1 and worked as OPT, which was expired on 8/20.
    I applied for H1b visa on September within my 60-day grace period.
    So my lawyer said I can stay in USA legally,but cant work until my H1 get approved.
    Now, I am still waiting for the decision of my H1 visa.

    I married to a green card holder on August and he became a citizen this week.

    The question is,
    If I apply for Green card now, will it have any influence on the result of my H1?
    Should I send I-130 first, and then send I-485 later after I get the result of my H1?
    And should I also send I-765 with I-485 no matter what the result of my H1(cause it will be free for sending I-765 with I-485)? or should I hold on it until my H1 get rejected?

    My lawyer is too busy to contact with her.
    Please help me figure out.
    Thank you

  2. #2
    Join Date
    Jan 2008
    Location
    Toledo, OH
    Posts
    16,307

    Default Re: Apply for Green Card While H1b Pending and Visa Expired

    If you wish to work, you need to first wait for your H1B status to be approved or rejected.

    Then you can submit both the I-130 and the I-485 together for adjustment of status, along with the I-765.

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