EB1 (Extraordinary Ability) Pending [Archive]

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Domino

11-03-2009, 02:14 AM

Hello,
If one has EB1 (Extraordinary Ability) Pending, is one allowed to stay in the US until the case is decided? I know it may takes at least an year for the final approval...

hlpimmigration

11-03-2009, 08:52 AM

Having a pending EB1 I-140 does not in itself confer any status. If you filed an I-485 concurrently, then you are permitted to remain in the US pending adjudication. If you have a currently valid H-1B you may remain or renew pending adjudication.

Best Regards
Helen Parsonage
Immigration Attorney