Applying for AOS while H1 extension is pending - Please advice

V

vidchin

Registered Users (C)
Does any one know if one can apply with an expired I-94.
My company filed for an extension few weeks ago.

Can I use the ins receipt to prove my valid status or do I have to wait for the approval
notice?

Thanks in advance,
Vidchin
 
Check the instructions for 485

You have to submit a "Copy of passport page with nonimmigrant visa" (initial evidence)... Are you going to submit the expired visa?

The application for extension is just that...an application. No decision has been made yet.

I think you should wait .... somebody has a different idea?
 
No Title

Hi
You can go ahead and file for I-485 no need to wait for H1 extention approval On I-485 where there is column for date visa expires put H1 extentsion applied ,That is what my legal department did when they applied for my I-485 last Sept. Asked my Attorney about that he said no problems with that..

Hope this helps.
 
Yes - Your message gave me hope

feb140,

Thanks for your response. It really gave me lot of hope and confidence. Looking at the H1 backlogs I don\'t think I will get my extension anytime soon. Its good to know I can apply without waiting for the approval. I hope my company\'s legal dept have enough knowledge about this.

Have you applied for EAD/AP? Did you have any problems getting EAD/AP/FP?

Thank you once again.
 
No Title

I applied for 485 with my expired H1( APPLIED FOR EXTENSION) i dint mention that too.i used the visa number and I 94 of the expired ones. now its 6 months and had my FP done, so its not a problem. Maybe u can mention applied for extension.
 
Thank you

I am going to mention it on the form as you have done. Thanks again for sharing your knowledge.
 
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