I-130 and out of status question

[rahulrastogi]

Hi,

I have a green card and I applied for I-130 for my wife (on H-1B).
I-130 is still pending approval. 3 months after sending in I-130 petition we applied for EAD/I-485. INS sent back EAD / I-485 application asking us to submit after visa becomes current.

My wife has LOST JOB (laid off) now. Is she out of Status ? What are our options ?

Rahul

[rjo1]

This is not legal advice.

Technically, she has 10 days to leave US.
But the INS is not enforcing this on those H1B\'s who are out of jobs. As far as I94 and H1B is valid, she is ok.

With your situation, your wife has to maintain her H1B or F1 status on her own till her date is current and you can apply for 485 and EAD. Normally that is 4-5 years from the time you apply for 130.

Consult an attorney.

[ha1344]

I live in US on a non immigrant visa. My brother who is a US citizen has filed a family based GC for me, "petition for alien relative", on April 2001 which has been approved for processing. I know that it takes quite few years to get my GC this way; and the problem is that soon I\'ll be out of legal status. Is there any possible way to expedite the processing time. Please help me find a way.
Thank you all

[daveh]

I do not think so, It is advised to call an immigration laywer to find another way to keep your status. good luck.