Clark, NJ Immigration Law Firms & Lawyers

As long as you are in legal status and qualified for a student or work visa, you are allowed to apply for such under a change of status application. Kindly note that if applying for H-1B specialized occupation visa, you must have a legal status until October 1, 2021, the beginning of the government fiscal year, at which time the H-1B visa can come into effect. Due to the limitations of the Lawyers.com Forums, Alan Lee, Esq.'s (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.

An applicant for I-130/I-485 adjustment of status is in the state of grace during the time that the I-485 application is pending and allowed to remain in the States. If your mother leaves the US without advance parole during the time of I-485 pendency, the I-485 is considered abandoned. The I-130 remains valid, but hopefully you would have indicated a request for consular processing. If not, I suggest contacting U.S.C.I.S. to request consular processing if your mother returns at this time. Otherwise there is the good chance that the I-130 will ultimately be approved, but not be transferred for consular processing. If you wish, you can file a new I-130 petition for your mother and begin the process anew when your mother is in India. The processing will take about a year taking into account both U.S.C.I.S. and consular handling times. Due to the limitations of the Lawyers.com Forums, Alan Lee, Esq.'s (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.  

Although this answer may not help you at this point (it being after February 22), anyone who is in the US with a valid B-2 status is allowed to request an extension with U.S.C.I.S. on form I-539 application to change or extend status in the United States. Such application should be filed with an explanation of the reason why an extension is required, proof of financial ability to remain in the US during the requested period of stay without working, and proof of arrangements to leave the US on or before the ending date of the requested extension. A note of caution should be inserted that U.S.C.I.S. denial after the date of valid B-2 status expiration automatically invalidates the visa in the passport. Due to the limitations of the Lawyers.com Forums, Alan Lee, Esq.'s (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.