What is my legal/visa status?

T

tprashanth

New Member
My employer filed my I140/I485 concurrently on Aug 17 2007 under EB2 category. I140 was approved and I485 is in pending status. My H1B is valid until April 2010. Last year, in July 2008, I went to India and came back on Advance Parole. At the port of entry, they stamped my I94 until July 2009 which is now expired. When I asked my employer to apply for my I94 extension, he and his attorney told me that it is not required as my I140 was approved by that time and have a pending I485. They also told me that even though I came back to US on AP, my legal status is still H1B as I'm still working for them. Is this all true? Is it fine not having a valid I94 when I485 is in pending status but valid H1B? Further, I have a valid EAD but I didn't enable it through Adjustment of Status(AOS).

Thanks in advance for any inputs,
Prashanth.
 
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