How fast is the government reviewing a concurrent filing by an H-1B visa holder whose visa is close to expiration? What happens to my U.S. status if they take too long to process? Do I have “temporary” residency until my application is either accepted or denied?
Answers
Yuliya Veremiyenko-Campos
Immigration attorneysThe processing depends on whether you requested regular or premium processing. Premium processing requires payment of an extra fee, but USCIS will process your case within 15 calendar days. If your H1B was filed before the expiration of your current status, you may remain in the U.S. after your status expiration during the pendency of your H1B. However, if your H1B is denied, you will be required to leave the U.S. immediately.
Tony W. Wong
Immigration attorneysConcurrently filing I-485 when you are under H-1B does not speed up the processing of your I-485. Once you have filed your I-485, you can still legally stay in the U.S. even after your H-1B expires. However, if you can still extend your H-1B, I would suggest you do it because H-1B allows dual intent. In case your I-526 or I-485 gets denied, you can still keep your H-1B status in the U.S.
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