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US born child and parents' immigration status.

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  • US born child and parents' immigration status.

    Hi All,

    Please consider the following facts in mind before reading my questions:
    1. I have completed 6 yrs on H1B and am currently on extension of another 3 yrs. My I140 has been approved and I am waiting for the priority date to become current to apply for EAD and I485. (My priority date is Dec 2006).
    2. My wife is on H4.
    3. My 7 mnth old baby was born in US.

    My questions:
    1. Considering the current backlog of priority dates (2000), it'll take 7-8 years for me to get my EAD. How long can employers keep applying for an extension of my H1B visa? Is there a limit to the # of times, an employer can apply for H1B extension before I can apply for I485?
    2. If there is a limit or (God forbid) I lose my job and my priority date is not yet current, can I still stay legally in the US based on the fact that I have to take care of my baby (who is a citizen)? In other words, does my baby have any affect on my immigration status?

    Please advice.

    Thanks,
    -Pranav.

  • #2
    1. No.
    2. You having US citizen baby does not give you any rights to stay in the US. No benefit.
    Immihelp Support
    No legal advice. Use at your own risk.

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