Should I apply for an extension using Form I-539 if my B-2 visa’s authorized stay is expiring but I have a pending EB1A visa I-485 application?
Answers
Belma Demirovic Chinchoy
Find EB-5 Visa Lawyers: Immigration Attorneys DirectoryNo, you’re done with B2 status if you filed an I-485 (As a side note, this was a risky move unless your EB1A is a slam dunk, which most are not).
Yuliya Veremiyenko-Campos
Find EB-5 Visa Lawyers: Immigration Attorneys DirectoryB-2 status extension with pending Adjustment of Status (AOS) will likely be unsuccessful. B-2 visa does not allow having an immigrant intent, which you do have as you filed the AOS. If you have a pending AOS, you are authorized to stay in the U.S. while it is pending.
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