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Change of status from H2B visa to Green card through family based immigration..

Asked over 2 years ago - San Francisco, CA

I'm here in the US for almost 3years w/ h2b visa and my mom is a US citizen , do I need to go back to my country if she will file a petition for me from h2b to green card (change of status) before my visa extention expires on dec. I'm 31 yr old and divorced.

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Hendrik Tjaart J Pretorius

Reputation Level 12

Answered over 2 years ago. Immigration Attorney in San Francisco, CA.

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To provide you with some background info, as you may already know the H-1B visa only allows for a maximum stay of 3 years unless there are some extraordinary circumstances. Additionally, if you get your mother to file for your green card it will not by itself give you valid status to remain in the U.S. while it is pending.

Accordingly, it is advisable that you speak with an immigration attorney about your situation to fully consider your options.

Regards,

Hendrik Pretorius
immigration Attorney

Muston & Jack, P.C. - Immigration Lawyers

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Hendrik Tjaart J Pretorius

Reputation Level 12

Answered over 2 years ago. Immigration Attorney in San Francisco, CA.

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I apologize for my typographical error in the above post, I meant to write H-2B visa but accidentally wrote H-1B.

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