Does the filing of the petition 129 for R1 allow the worker to remain in the USA after the lapse of his student visa
Must there be a signed employment contract prior to making the application
The application for change of status from student to R-1 needs to be received while the student status is still valid. Then you need to watch the timing after that.
This reply is intended only as general information and does not constitute legal advice in any particular case. This reply does not create an attorney/client relationship.
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As long you filed before your student visa lapsed, you can stay till the R1 is approved or denied by the CIS. Please keep in mind that you are considered out of status from the date the F1 lapsed if the R1 is later denied.
Business Immigration Attorney. For H, L, J, EB5s, PERM and EB1/2/3 Petitions. Call 800-688-7892 or visit www.ImmigrationDesk.com. Law Office of Anu Gupta. The advice suggested here is for general information only. It is not to be construed as legal advice. We promise to zealously represent you - but as with any legal matter, we cannot predict the approval of your case based on our past successes. Each case is different. If you are in a similar situation, we would recommend that you contact us to discuss your case.
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I agree with my colleagues. The change of status petition must be properly received by the USCIS before your current status expire.
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Premium processing would only be available if the synagogue has already been visited by USCIS, and not otherwise.
J Charles Ferrari Eng & Nishimura 213.622.2255 The statement above is general in nature and does not constitute legal advice, as not all the facts are known. You should retain an attorney to review all the facts specific to your case in order to receive advise specific to your case. The statement above does not create an attorney/client relationship. Answers on Avvo can only be general ones, as specific answers would require knowledge of all the facts. As such, they may or may not apply to the question.
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