Tuesday, July 19, 2011

Student on F-1 OPT Status got married PR Girl,her husband's EAD expiring?

you won't be able to file an I-485 for your husband for quite a long while. That's only possible when a visa is available, and since you're a legal permanent resident, it will be four years from the time you filed your petition before the petition will be valid for use and a visa is available. that wasn't true a few months ago, but the cut off date for F2a petitions regtrogressed, or moved backwards and that is the way it is for now. so, unless your husband can find an employer to sponsor him for an H1b work visa or he can find some other way to stay legally, he'll need to leave when his OPT runs out, or he'll be out of status. Now, if you become a US citizen, that will change the entire answer but that would have to happen pretty quickly. I'd highly recommend talking to your attorney again sometime soon before his OPT status expires.

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