Re : northeast
Hopefuly this explanation can clear some confusion
Somehow your lawyer statement have some truth in it
consider this hypothetical case
Somebody H1-B approaching 6 years limit in March 2002,
and todays is Jan 2002. He start filing I-140 by Jan 2002.
By the end of March 2002, he has not hear status of
his I-140, he only have 1 choice which is file I-485 while
I-140 still pending. He has to do this in order to keep legal status. If he wait I-140 to
get approved after his H1-B expired, when he file I-485 he has
to use 245(k) if days of unauthorized stay is less than 180 days
otherwise he has to use 245(i)
By filing I-485 , he keeps his status legal
If by anycase, his I-140 gets denied, he's practically out of status
since the day his H1-B expired
If his I-140 approved, he basicly saved some times in
I-485 processing because when he files I-485 while I-140 still pending and the good news is he never out of status
hopefuly it is clear
Hopefuly this explanation can clear some confusion
Somehow your lawyer statement have some truth in it
consider this hypothetical case
Somebody H1-B approaching 6 years limit in March 2002,
and todays is Jan 2002. He start filing I-140 by Jan 2002.
By the end of March 2002, he has not hear status of
his I-140, he only have 1 choice which is file I-485 while
I-140 still pending. He has to do this in order to keep legal status. If he wait I-140 to
get approved after his H1-B expired, when he file I-485 he has
to use 245(k) if days of unauthorized stay is less than 180 days
otherwise he has to use 245(i)
By filing I-485 , he keeps his status legal
If by anycase, his I-140 gets denied, he's practically out of status
since the day his H1-B expired
If his I-140 approved, he basicly saved some times in
I-485 processing because when he files I-485 while I-140 still pending and the good news is he never out of status
hopefuly it is clear