I94/H1 stamping & 485 application

[Jan15]

My new H1 ( ie.. extension) came around 2 months back..

I have not send the passport for the new visa stamping, and my I94 card on my passport is expired since quite some time..
I have purposely not send my passport for stamping as I am hoping that my 485/GC application to get approved in a months time.

Should I send my passport for stamping ?
Should my I94 always be up-to date ?

My lawer says that my status is legal, however I have many mixed opinions about I94 - by over reading a lot of articles on the WebSites/Forum sites ..

Similary my wife's I94 card has expired, she has the advance payrol document and also has a EAD... should she go out of the country and come back just to get an updated I94 ??

Will this be a problem in our 485 application/Passport stamping ??? ..

Can someone enlighten on this isssue ,
Kindly share ur thoughts ..

Thanx
Jan 15

RD Jan 15
FP May 10

 

[saisiree]

Once you filed for an AOS you are in legal status irrespective of the visa's, I-94's etc. I guess you are better off to retain the passports in case the Gc approval comes through.

Hope this helps.