I am going to file I485. H1B valid. However, no stamp. As never gone outside US. Should I file I131?: I am planning to file I485 with approved I140. Current H1B expires 04/01/2011. I came with J1 and converted to H1B. As never gone outside US so no visa stamp. Do I need to file I131 with I485? Is there any extra fee for I131 (along with I485). If I do not need to file I131, then what I need to do if I go outside of US before I get my green card? I really appreciate your answer.
Elaine's answer: I always recommend that a person include an I-131 (for Advance Parole) when filing a 485 now, since it doesn't cost anything extra. That gives you the option of returning to the US on the Advance Parole or on a H-1B visa. In most cases, it is much easier to use AP, rather than have to go through the hassle of getting a new visa at a consulate overseas. Having AP also allows for easier travel in case of emergency. If you use AP to return but your underlying H-1B is still valid, you do not lose your H-1B status.
B-2 Visa Extension: I am wondering if you could help me out with a question regarding a non- immigrant visa: I applied for an extension on my B-2 tourist visa over 6 weeks ago now and am still waiting on a response from the UCIS. (I received a confirmation receipt to say that had received my application but nothing else) My problem however is that my i94 expires next week and i dont know if i can legally remain in in the USA while waiting for my response?
Elaine's answer: In general you are authorized to remain in the US while an extension of status is pending, provided that the extension was filed before the prior status expired.
What happens to a k1 fiance visa holder if she does not marry the petitioner?: What happens to the k1 visa holder if she came to the US to marry her petitioner but he was abusive so she did not marry him. He has left her with no money or support and somehow , with no spoken English, she manage to find a way to get to her relatives. It took her over 6 months before making it to a safe place. She was so traumatized when she reached her relatives house. She has since met another man who is a US citizen and they are planning on getting married. Unfortunately she is "out of status" and has been in the US for over 1 year. What are the odds of her becoming legal to be in the US? I am trying to find out for my uncle who is in this situation.
Elaine's answer: Since you are in Texas, I recommend this attorney who has lots of immigration experience, especially in family cases: http://www.verdinlaw.com/. He posts answers to Avvo also.