US Citizen filed I-130 & I-485 for parents.. Does extension of stay (I-539) require?

[immihir]

If a US citizen filed both I-130 and I-485 at the same time for the parents who are in US legally as valid B1 (visitor) visa. Application was received in August 2006 and their I-94 expire in late November 2006. Their biomatrics are finished and we are awaiting subsequent steps.

What happens if the parent I-94 expires before a decision is made?

Do we need to file an extension of stay in that case?

Thanks in advance.

Mihir

 

[GotPR?]

I-539 probably won't be approved due to 2 potential reasons.
1. Extending B1 requires good reason to convinve USCIS. Not easy.
2. Immigration petition has been already filed.

They do not need to file extension since they are under authorzied period of stay by attorney general as far as I485 is pending.