Immigration Issues/H1C Visa expiring

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Question
My H1c visa will expire on Feb.11,2011 with I-140 approved(PD
Jan.13,2006).Is there any option for me to be able to stay in
the US while waiting for immigrant visa availability?  

Answer
Hi,

In order to remain legally in the U.S., you must maintain nonimmigrant visa status (such as H1C) at least until the priority date is current and I-485 (adjustment  of status) can be filed. Information about priority dates is here: www.h1b1.com/visawaiting.htm

As H visa status allows for intention to immigrate to the U.S., your employer should have no problem in extending your nonimmigrant visa status with the USCIS even though I-140 has been filed (and approved).

Immigration Issues

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Ajay K. Arora

Expertise

I can answer your questions on employment and family-based U.S. Immigration Law. Expertise in various immigration categories includes the following: H-1B, L-1, O-1, PERM (labor certification), EB-1 to EB-3 I-140 employment-based immigrant petitions, family or fiance(e) or spousal sponsorship, visa extension or change of status, adjustment of status, naturalization (citizenship), etc.

Experience

Ajay K. Arora attended Pennsylvania State University and the University of Wales at Swansea (United Kingdom), and earned his law degree at Temple University School of Law, Philadelphia, in 1993. Mr. Arora has practiced Immigration Law since graduation and is a member of the American Immigration Lawyers Association since 1995.

Organizations
American Immigration Lawyers Association (AILA) full member since 1995.

Education/Credentials
Ajay K. Arora attended Pennsylvania State University and the University of Wales at Swansea (United Kingdom), and earned his law degree at Temple University School of Law, Philadelphia, in 1993. Mr. Arora has practiced Immigration Law since graduation and is a member of the American Immigration Lawyers Association since 1995.

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