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Posted on 13 Jul 2009
Q.

Maintaining status while I-130 application is pending

I am thinking of filing I-130 based on my spouse’s permanent residency (PR), who have been PR for more than 5 years, but don’t want to be a citizen. Now, if I file for I-130, how will it affect my legal status under following scenarios?

Scen 1
Laid off from my H1B job, filed I-130 and am enrolled in junior college ( intent is to take MBA pre-course) and applied for change in status from H1B to F1. Is there any complication in this process?

Scen 2:
Laid off from my job, did not enroll in college, filed I-130. In this scenario, can I stay in US (without any status, just waiting for I-130 to be approved)? If not, what is the solution?

My, other related question is while filing I-130 based on spouse’s PR, will I be able to file I-765 (EAD) concurrent with 130?

User's Location: Fresno, California, United States of America
Category: Family-based Green Card
Posted on 13 Jul 2009
A.
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James R. Mayock
Immigration Lawyer
Elliot & Mayock LLP
(415) 765-5111

www.emvisa.com

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