Experts pls help: about maintaining status while I-485 pending

[wildfalcon7]

Can anyone tell, if there is a requirement to maintain status once AOS is filed?

19th April 2004: Came to USA on B2
27th July 2004: Applied AOS through DORA (diversity visa based) and paid the fee
28th July 2004: 1st Fingerprint
1st Oct 2004: Visa ready from priority date of Visa bulletin
29th Oct 2004: Fingerprint result unclassifiable
09th Nov 2004: 2nd Fingerpint
During this period we found that our case was never put into DORA program and we were never notified.
26th Jan 2005: Interviewed
the officer asked us to provide proof of current status. A valid I-94.
But the Duration of Stay of I-94 expired on 19th Oct 2004 and didnt applied for extension as there was no nonimmigrant reasons.

I dont understand why he is asking for a valid I-94 now. The valid I-94 was shown when applied.

He said that DV based I-485 applicant have to be in status to get the status adjusted.

So, I ask my question again: is there any law that states diversity base I-485 applicant has to maintain status while the application is pending to get the status adjusted?

Thanks in advanced for any input.

 

[TheRealCanadian]

Can anyone tell, if there is a requirement to maintain status once AOS is filed?

A pending I-485 in and of itself maintains your status. So long as you were in valid status when the I-485 was filed, you're fine. Don't know specifically about DV. Contact an attorney.