140 approved, 485 pending, H1B expiring, what will be my status?

O

ohdwell

Registered Users (C)
Gurus please help me with this issue:

My 140 approved on May 31,2005
140/485 filed concurrently in April 2004
H1B 6th year expiring on Oct. 1, 2005

I just talked to the customer service and the lady said my legal status is protected by the attorney general if my adjust of status application is pending so I will not be out of legal status even after my H1B expires. Any comments would be appreciated.

What about my wife's adjust of status, would her legal status would be protected too?

We have our EADs and APs valid till Mar 2006.
 
What the customer service rep told you was true. Once you file I-485, your status is adjustment of status pending, and you are in legal statu until adjudication of your I-485. Same will be the case for your wife and all other dependents, if they have also filed I-485.

Although not mandatoryu, but you can file for extension of your H1 also, even though your 6 years are going to be up. Your pending I-485 application can be the basis of filing for 7th year extension. The reason you may want to file H1 is that if your I-485 is denied down the line (heaven forbid), you will have H1 status to fall back on. Its just an safety net option for you, talk to your attorney if you feel this may be right for you.
 
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