Question:

I 130 is approved no I 485 filed yet

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My parents applied for my I 130 in Feb of 2003. We did not hear anything and meanwhile I got accepted to go to school and moved to the US to attend school from Jan2004-May2007 after I completed my studies I applied for an OPT which just expired in May 2008.

My degree is not in the STEM catagory so I cannot apply for an extension based on that.

Meanwhile my I 130 has been approved and when I called I was told that they are processing applications from April 2002!

which means that I will probably have to wait another year or longer.

I am originally from Canada and looked at the T1 visa but those are only for temporary stays.

My entire family lives here and are all permanent residents. I would like to stay with them and utilize my degree that I earned here.

I want to know what my options are. Is there any type of temporary work permit that I can apply for while I wait for approval?

I was also thinking of applying for my I 485 and I 765 but I don't know if I have to wait until a number is issued to me or can i do it now?

I would appreciate any guidance. Thanks!

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2 ANSWERS


  1. I'm sorry, you cannot file the I-485.  To file the visa must be immediately available, and as you said, it's going to be at least another year.  Whatever you do, DO NOT stay illegally in the United States and jeopardize your immigration petition.


  2. EDIT:  You could file an I-485, but it would be deniable. You were admitted in July in what may have been the most favorable exercise of discretion that you'll ever see.

    You cannot adjust status. You cannot work without authorization. If you fail to abide by the terms of your admission in July, you will be contributing to the illegal population. Be sure that you depart as promised in August.

    If your priority date is Feb 2003, and it takes about six years for a visa number to become available, it looks like you need to find a place to stay outside the U.S. until you can apply for a visa at a U.S. consulate or embassy.

    It's not a violation of anything to stay with your family, but you still need a foreign residence abroad to which you intend to return.

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