Am I Out of status at any time .... help

[Cheekoo]

Although my Lawyer says ok, still this remains my concern. Bacause after all he says its all safe for me to use AP in future BUT his assistant emphasise NOT TO.


I entered US B1/B2 Feb, 2002.
>> I-94 valid till Aug , 2002
>> RD I539 ext of stay July 15,2002
>> RFE for ret tickets due Nov 16, 2002

My lawyer says since we are filling 485 before the RFE due date, there will no need to respond to RFE. It will be abandoned as we have a status after filling 485.

RD I140 with Substitute Labour July, 2002.
RD I485 / 765 / 131 Oct, 2002. ( before RFE due date )

I have received FP notice in DEC 5, 2002 and expecting EAD/AP soon. My serious concerns are ;

1, Will I be taken as being out of status at anytime ?
2, Since 485 was filled before RFE due date, does it mean that I now have valid status as my 485 is pending at the time RFE was required ?
3, The above also concerns my using AP specially when returning to US, how will I be treated as ?

I would really appreciate your help / Input.

 

[GC012002]

I think the lawyer should write a letter to the INS (in response to the RFE) that your status now is "Adjustment applicant", as you have filed I-485.
The INS people who are processing your I-539 may not be aware or may not have the information that you already filed I-485.

If you only have I-485 pending (no H1 or L1 visa), you can only use AP to enter the US .
Actually, in any circumstances, even though you have AP, it is best not to leave the country while your I-485 is pending adjudication.

 

[Cheekoo]

My lawyer even said to me that there is NO NEED for me to even file I539, as my status will bcome valid as after I94 expiration date, there is a grace time of 180 days.

Q: Whats that 180 days grace period after exp date of I94 ?