I485 Pending, I94 expired, H1 petition valid. Am I legal?

[tprashanth]

M I140/I485 were filed concurrently on 17 Aug 2007. I140 was approved in Apr 2009, I485 is still pending. My H1 petition is valid until Apr 2010.
In July 2008, I went to India and came back on AP. The officer at the port of entry stamped my I94 as a parolee with valid until date as July 2009. Since after July 2009, my I94 is expired. When asked my employer's attorney to apply for extension of my I94, he said as my I485 is in pending status, no need to apply for I94 extension. Is this a valid statement or am I living here in USA illegally as my I94 was already expired?

Simply put, when I have the pending I485 status and H1 petition valid until Apr 2010, am I required to have a valid I94 to stay in US?

Thanks alot in advance,
Prashanth.

 

[fromnaija]

Your attorney is right! You are in a a period of stay authorized by the Secretary of Homeland Security since you have I-485 pending.

 

[lyn]

Yes, that's a valid statement, you don't need to file anything as long as you have valid H1B approval notice / EAD.