Q: Can you still renew/change your status while waiting to file your I-485?
As of May 2022, I commenced employment with my U.S. church under OPT (F-1) with the same title I currently hold. During that year, the church successfully applied for an R-1 visa set to commence in May 2023. The approval was timely, and I transitioned to working under the R-1 visa one day after my OPT expiration, no gaps in status.
Upon filing the I-360 in May 2024, after meeting the prerequisites for filing an I-360 application for Special Immigrant Religious Workers, I expect approval within 6 months to a year. While my current R-1 status remains valid until December 2025, retrogression will most likely preclude filing the I-485 by that time.
My question is about renewing my R-1 status for an additional 2.5 years (I-129), with a start date in December 2025, after the approval of my I-360 and during the period of awaiting I-485 filing. In other words, can you still renew/change your status while waiting to file your I-485? And can you renew your R-1 after showing immigration intent?
A:
You can generally renew or change your nonimmigrant status while waiting to file your I-485 (Adjustment of Status). In your case, renewing your R-1 visa after the approval of your I-360 and while awaiting the opportunity to file the I-485 is usually possible.
The R-1 visa, which is for religious workers, does not strictly require nonimmigrant intent. This means that showing an intention to immigrate (through actions like filing an I-360 petition) does not necessarily preclude you from extending your R-1 status. Each case is evaluated individually, and the decision to grant an extension will depend on the specifics of your situation, including your continued eligibility for the R-1 status.
It's advisable to maintain lawful status while your permanent residency process is underway. Extending your R-1 status can help ensure that you remain in legal status in the United States. You might also want to consult with an immigration attorney to discuss the specific details of your case and to ensure that all your actions align with immigration regulations and policies.
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