I-140 Filed - Can I stay?

E

eaxoxo

New Member
this is the question that still bothers me - if i filed I-140, would it be legal for me to stay here beyond my I-94 date (on a B2 visa)?

for example -
arrival in US on B2 visa: july 2007
I-94 expiry: january 2008
filed I-140: january 2008 (on or right before I-94 expiry)

or does this whole situation spell "overstaying"?

and another related question, given this scenario, would i be able to leave the US while waiting for the I-140 decision?
 
You cannot stay beyond your I-94 expiration on the basis of filing I-140. However, you could stay on if you file I-485 application to adjust status. Unfortunately, you cannot file I-485 unless your priority date is current.
 
so does this also mean that the only time i would be able to file I-485 is when the I-140 is approved? (i'm sorry but it's still not clear to me what the priority date is)
 
eaxoxo
Check for labor certification priority i.e. date labor was filed, monthly visa bulletin by DOS, I-140 category, based on your country of birth if visa dates are current or past your labor certification priority then you can file I-485, which can give status as Adjustment of status (AOS) pending. Filing of I-140 in itself does not grant you any status
 
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