Do I have to maintain my R-1 status until the EB-4 is approved?

It is important to understand that, while you are waiting for the EB-4 visa approval, maintaining a valid immigration status in the United States is fundamental to avoid legal complications. In many cases, this means you should keep your R-1 status (intended for religious workers) until the new category is approved.

Switching from one category to another involves processing periods that can extend for months, and any gap in immigration status can result in future difficulties, since being in the U.S. without a legally valid status may affect subsequent immigration processes. For this reason, the general recommendation is to avoid letting your current status expire before the final decision on the EB-4 petition.

Therefore, while the EB-4 is being processed, you should ensure that your legal stay status in the United States is protected, possibly through the renewal or extension of the R-1 status if that is a viable option. It is always advisable to closely monitor the deadlines and requirements of your current status, as well as to keep track of updates related to the EB-4.

Remember: strictly following immigration laws is essential for any process in this area. It is also advisable to seek guidance from a specialized and reliable immigration team, avoiding trusting miraculous promises of fast or guaranteed results through marketing campaigns or dubious sources. This careful and informed approach will help ensure that all legal aspects are in order, promoting a safe transition between immigration statuses and contributing to your stability while awaiting the EB-4 resolution.

Victoria Harper

Editor-in-Chief

Meet the author

Leading journalism and editorial content at Visto n’ Visa, Victoria helps make immigration topics clear, trustworthy, and easy to understand. Her focus is on delivering useful, human, and relevant content for people exploring new paths abroad.