H1-B expired/AP question...

[morilloe]

I have a quick question:

I applied for Adjustment of Status last year.
I traveled out of the country (after obtaining a notice of receipt for my I-485) and came back into the US on June 9 with my H1-B visa. My visa expired ten weeks later and I did not renew it because I expected my Green Card to be approved shortly after my arrival. However, the USCIS delays have changed those plans.

Is it ok to remain in the US even though my visa expired?
Or do I need to leave the country and re-enter as a parolee??

[nscagony]

You can remain in the US. You don't need a visa.

You can leave the US only if you apply AND HAVE RECEIVED your AP document.

[mmed]

Originally Posted by morilloe

I have a quick question:

I applied for Adjustment of Status last year.
I traveled out of the country (after obtaining a notice of receipt for my I-485) and came back into the US on June 9 with my H1-B visa. My visa expired ten weeks later and I did not renew it because I expected my Green Card to be approved shortly after my arrival. However, the USCIS delays have changed those plans.

Is it ok to remain in the US even though my visa expired?
Or do I need to leave the country and re-enter as a parolee??

Pending I-485 by itself put you in legal stay.
You do not need valid visa stamp in your passport to stay in US, visa stamp is to enter the US during the validity of the stamp. Once in US you need legal status (H status (not stamp), pending I-485 ...etc)
If you want to travel and come back you can apply for AP or apply for another stamp in overseas consulate if you still on H
PTW: Do not make plans depending on some thing not in your hand especially if it is pending appliation with the USCIS, every thing could happen in this world.