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I am a researcher on H1B and my I-94 will expire on Febr,2022. My employer will not extend it. Do I still have to leave the country while my I-130 pending for family based immigration petition?
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Immigration and Nationality Law Attorney serving New York, NY
Partner at
Alan Lee & Arthur Lee, Attorneys at Law
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The filing of form I-130 does not allow anyone to remain in the US past the time of their nonimmigrant stay. If you are able to file the I-485 adjustment of status application, the latter application would allow you to remain in the US past the time of your I-94 expiration. Due to the limitations of the Lawyers.com Forums, Alan Lee & Arthur Lee, Esqs.’ (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.
Answered on Dec 31st, 2021 at 5:44 PM