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?
Lawyers, want to be a Justia Connect Pro too? Learn more ›
- (916) 704-3009
- View Profile
- Answered
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.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
