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Immigration Issues/I-130 & I-485 for my father

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Question
Hi,
I am a US citizen and I just filed I-130 & I-485 for my father who is here with me with a B1 visa (landed in US 70 days ago).  He has the B1 visa expired on 05/20/2012, but with the I-94 expiration date on 12/29/2011.  Would it be legal for him to stay until the approval?  Or should he apply the extension of B1 (or apply B1 again) before the I-94 and B1 visa expired?

Thanks very much for your help.

Yan

Answer
Hi,

Your father can continue to remain legally in the U.S. once the sponsorship paperwork including the petition for alien relative and adjustment of status applications are filed concurrently with the USCIS prior to 12/29/2011. There is no requirement to extend his I-94.

Sponsorship information is available here: www.h1b1.com/sponsor.htm

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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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