I'm on an H1-B at a university. I was slow about getting it renewed, and have temporarily fallen out of status. The renewal application should be processed by Jul 18. I also got married recently. We already have the DS-160, and the I-485 is pretty much ready to go. The only question is, would I jeopardize the I-485 application while I am out of status? The grace period on my I-94 ends Jul 10, but the International Scholars Office at my university says it's OK for me to stay in the country while my H1-B renewal application is being processed.
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I-485 while temporarily out of status?
- Thread starter fivebells
- Start date
TheRealCanadian
Volunteer Moderator
Was the renewal filed before your I-94 expired? If so, you're not out of status.
If you're married to a US citizen, it doesn't matter if you're out of status for the purposes of filing an I-485.
If you're married to a US citizen, it doesn't matter if you're out of status for the purposes of filing an I-485.
Jackolantern
Registered Users (C)
Why the DS-160? Are you planning to leave the US soon to get an H1B stamp in your passport? Or are you still in Australia?I'm on an H1-B at a university. I was slow about getting it renewed, and have temporarily fallen out of status. The renewal application should be processed by Jul 18. I also got married recently. We already have the DS-160, and the I-485 is pretty much ready to go.
There is no "grace period" for the I-94 of H1B, other than 10 days to leave the country when it's expired. Do you mean the expiration date on the I-94 is July 10? If yes, you're not out of status, because your renewal was filed before the existing H1B expired. Note that visa expiration is not the same as out of status. The H1B visa stamped in your passport may have expired, but if the I-94 date is July 10 your status hasn't expired.The grace period on my I-94 ends Jul 10, ...
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There was confusion about the I-485(*) because my Mum was dying of cancer, and I couldn't count on being where I needed to be, for the fingerprinting, etc. And then after she passed away, I was in a bit of a fog.Why the DS-160? Are you planning to leave the US soon to get an H1B stamp in your passport? Or are you still in Australia?
Yes, date on the I-94 is Jul 10.There is no "grace period" for the I-94 of H1B, other than 10 days to leave the country when it's expired. Do you mean the expiration date on the I-94 is July 10?
If yes, you're not out of status, because your renewal was filed before the existing H1B expired. Note that visa expiration is not the same as out of status. The H1B visa stamped in your passport may have expired, but if the I-94 date is July 10 your status hasn't expired.
Thanks for this information. Does this mean that I can actually be employed up until Jul 10, as well?
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(*) See "showthread.php?319273-Leaving-the-US-after-submitting-application-to-adjust-status" on this site. (The system is not letting me post URLs, because my account is too young.)
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Jackolantern
Registered Users (C)
There was confusion about the I-485(*) because my Mum was dying of cancer, and I couldn't count on being where I needed to be, for the fingerprinting, etc. And then after she passed away, I was in a bit of a fog.
Yes, date on the I-94 is Jul 10.
Thanks for this information. Does this mean that I can actually be employed up until Jul 10, as well?
Yes, and you can continue to be employed for 120 days* after July 10 because they filed the H1B renewal before your existing one expired.
*there is some debate over whether you can continue beyond the 120 days if the H1B renewal is still pending ... however, in your case that is moot, because if you file the I-485 with EAD application this month you'll almost certainly get the EAD before the end of the 120 days, and I figure your statement "The renewal application should be processed by Jul 18" means your employer has requested (and paid for) premium processing, which would ensure your H1B will be fully processed long before 120 days.