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    I am an American who married an Indian here in the US on an H1B visa. We applied for an adjustment of status in Oct.2003 through an immigration lawyer. We have submitted all the required paper work and paid all the fees. My husband has completed biometrics. I am wondering what's next and how long it might take to complete the process? His H1 expires in Jan. of next year. What happens if our case is still pending at that time? I am pregnant and worried that he'll have to leave and go back to India. I'd appreciate any advice/input.
    Thanks

  • #2
    What CIS office did you file at and what is your receipt date?

    If his H1 expires then he stays "in status" with a status of "AOS pending". He accrues no illegal presence (overstay) time. He can stay quite legally without going back to India until the green card is granted, and then of course he doesn't worry about visas anymore anyway.

    Joe
    Last edited by Guest; 09-28-2005, 02:03 PM.

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