AOS filed and H1b denied

Hi Rajiv - My H1b extension got denied on september 10th, without knowing that We have filed our I 485/AP/EAD on September 11th (received receipt notice). I have stopped working after I came to know my H1b is denied and staying in US currently in I485 pending status. Kindly let me know whether my current situation will impact PENDING AOS application.. my employer said I can start working immediately once I get my EAD... kindly let me know how I should proceed.


Well-Known Member
Your I-485 should be fine. I'm assuming that you are immigrating in an employment-based category, in which case INA 245(k) would apply, which says that you are eligible for AOS despite being out of status if you have been out of status or working illegally for less than 180 days since your most recent admission. And the time between June 3 and September 11 is less than 180 days (and even until now it is less than 180 days). Out of status days after your I-485 was filed do not count towards the 180 days, but illegal working days after your I-485 was filed still count. So as long as you stop working from now on until you get an EAD or green card, your I-485 should be fine.