I-485 filing while H1B extention is pending

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petunia1972

Registered Users (C)
Hey, Guys

My I-140 just got approved and I am ready for applying I-485. Problem is I filed my H1B extension on July 2010 ( my H1B will be expired on this coming October 20). Can I still be able to file I-485 while H1B is still pending? one more question is similar to one above. H1-B of my husband is also in pending but his H1-B is already expired on July, Is he ok to apply for i-485? I am the primary applicant.


Please advise me if any of you have same experience. I'll appreciate your time and advice.

Thank you,:)
 
petunia1972 said:
Hey, Guys

My I-140 just got approved and I am ready for applying I-485.

Problem is I filed my H1B extension on July 2010 ( my H1B will be expired on this coming October 20).
-------- You have enough time before October 20. I-485 must reach USCIS before your current I-94 gets expired Or if file later then October 20 attach the copy of H1 extension filing receipt. FYI one can do medicals in 2-3 days and 1-2 days to fill up the forms, 1 Hour for Photographs and one can complete all the paper work in 4-5 days and can file in 5-6 days.
Can I still be able to file I-485 while H1B is still pending?
-------------------Yes. H1 EXt Pending receipt means you are in status till USCIS makes decision.
one more question is similar to one above.
H1-B of my husband is also in pending but his H1-B is already expired on July, Is he ok to apply for i-485?
----------------- with his I-485 write in cover letter that his H1 ext is pending with USCIS and his H1 extension filing Receipt number is:CCCCCCCCC. Attach the copy of his Pending H1 extension receipt.
I am the primary applicant.
------------- you will also attach Copy of your H1 extension/Pending receipt Copy and write on cover letter if send the I-485 AFTER October 20.

Please advise me if any of you have same experience. I'll appreciate your time and advice.

Thank you,:)
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fyi, if H1b renewal is pending and your existing H1b has expired, you are still legal to work for a period of I think 180 or 210 days while you wait for adjudication on your H1b renewal case
 
petunia1972 said:
one more question is similar to one above. H1-B of my husband is also in pending but his H1-B is already expired on July, Is he ok to apply for i-485?
Click to expand...
Was his H1B extension filed before the last H1B expired? If not, how much gap was there between expiration of the last one and filing the extension?
 
petunia1972 said:
his H1B extension was filed 2 days before his expiration date.
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Then he remains in lawful status and can continue to work for up to 240 days while the extension application is pending. And he is also eligible to file the I-485 (provided other conditions are met such as priority date being current etc.).
 
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