Can I File I 485 (Family Based ) after I 94 Expired ?

[nisargmca]

Hello Sir ,

I am currently on H1B Visa and it's valid till Feb 28 2019 . My I 94 and Petition is showing end date of 28th Feb 2019 . I have applied for an amendment and extension through my Employer and i can wait 240 days in US waiting for H1b Extension decision.My Wife is currently on H4 Visa with same expiry date 28 Feb 2019.

My Sister in law has filed I 130 for my Wife on 03 Jan 2005 (F4 India Category) and current Visa Bulletin is showing Filing Date 1 Feb 2005.

Can I file I 485 now ? If no then can i file i 485 after 28th Feb when my Visa will not be valid and I will be in 240 days rule?
Thanks in Advance

 

[whitemimauz3]

Since H-1b amended petition before its current i-94 expiration you should be fine & file I-485

 

[newacct]

You should be able to file I-485 now since you are in status now (before your I-94 expires). Note that having a pending Extension of Status does not mean you are in status.