Can I Possibly Stay in the U.S. and Wait for Adjusting Status? 

Dr. William:

My 6 year limit on H-1visa will be ended next year March. I will apply for I-140 in this year July. Can I possibly stay in the U.S. and wait for adjusting status? Also, when exactly does the change of status occur? Once the I-140 is approved, or I-485 is approved?


Answer:

For employment-based immigration application, you can adjust your status in United States, as long as you have not been unlawfully present in the United States for 180 days or more since your last entry, you may adjust status under Section 245(k).

Adjustment of status occurs when USCIS approves your form I-485 application, granting you lawful permanent residence of United States.

 

 

 

     

 

 

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