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Currently on a H2B visa that will expire soon, wanting to change status...
Anonymous2 views2 answers
Im currently on a h2b visa which expires in about a month. I got married to my US wife and we want to change my status, can I over stay my h2b visa if I have filled for a status change or if my status isnt approved by thie time my current h2b expires do I have to leave the US?
Your I-485 certainly won't be approved by the time your I-94 expires next month. But so long as you have properly filed the I-485, you may remain in the U.S. to wait for a decision on the I-485. In fact, you may not leave the U.S. until you get an advance parole travel document, otherwise you will abandon your I-485.
David Dene MurrayImmigration AttorneyNewport Beach, CA ·
Yes, you can "overstay" your H-2B, even before you apply for permanent residence. Marriage to a US citizen exempts you from Immigration & Nationality Act Section 245(c) and you can adjust (not change) your status to that of permanent resident any time after your marriage to a US citizen, as long as you initilally made a lawful inspected entry and are otherwise eligible for adjustment of status. Relax, take your time, hire an immigration lawyer to help you and enjoy your life.
