I-485 denial due to H-1B job gap possible?

[jllag1]

Re: overstay (i.e. having an expired I-94).

Originally posted by vadi
My H1B visa in my passport and I-94 expired on March 16th. But I have valid I797 (H1B approval notice) valid until April 2005 and I485 pending since June 2003. Does this mean I have overstayed?

You are always considered "in a period of authorized stay by the attorney general" when you have a 485 pending. Also, when you get your new H1 approval, usually you get a new I-94 with it. That takes care of the lawful presence.