I am in the USA under an F1 visa, I got my MBA this year, and I am on OPT till April, My brother who is an American Citizen filled up the I130 for me and it is approved, am I allowed to stay in the USA knowing that my visa also will expire in November 2013.
In order to adjust status an alien must be eligible to receive an immigrant visa (a petition has been approved), they must not be inadmissible to the United States, they must have valid current non-immigrant status (their authorized stay hasn't expired), and there must be an immigrant visa number immediately available to them.
There won't be an immigrant visa number immediately available to you until the priority date on your I-130 is current. The wait is usually about 10 years depending on what country your from.
The requirement that the alien have valid non-immigrant status is waived for immediate relatives of US citizens; spouses, minor unmarried children, and parents. It's not waived for anyone else.
A pending or approved I-130 doesn't provide any sort of immigration status to an alien. It just makes them eligible to apply for a visa.
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