H1B expired and ready to file 485

[ins_waiter_waiter]

my 6 yr H1B visa expired last week but I have applied
for a new H1 based on the new law which is still
pending with INS. I got my I140 approved and I am
ready to file 485. If I file for my 485, will I be allowed
to stay in the country even if my H1B gets rejected
Since it is a new rule, I am not certain about my H1B
approval.

Any help will be greatly appreciated.

 

[hariA]

No Title

The minute you apply for 485, ur status is legal even if your H1B is rejected. i dont see a reason why it should be rejected. if ur h1b is rejected, then u need to have a work permit which is now taking a while but within 90days of filing 485, u can get EAD through local office. even if u work while h1 is rejected, only ur company might be fined but u are okay.