Can I-485 be filed while waiting for H1 Extn ????

[Bramaresh]

Can someone suggest if we can file I-485 given the situation that H1 Extn is being processed and the I-94 is expired after filing H1.

My H1 extn was filed and by the time it is approved/denied, the current I-94 would have expired.

1) If PD becomes current while I wait for H1 extn, can I file for GC?

2) If the H1 is denied can I still continue to stay and work based on the I-485 filing receipt?

Appreciate your inputs.

[newacct]

Can someone suggest if we can file I-485 given the situation that H1 Extn is being processed and the I-94 is expired after filing H1.

My H1 extn was filed and by the time it is approved/denied, the current I-94 would have expired.

1) If PD becomes current while I wait for H1 extn, can I file for GC?

2) If the H1 is denied can I still continue to stay and work based on the I-485 filing receipt?

Appreciate your inputs.

Since you are posting in the employment-based immigration forum, I assume you are in an employment-based category. If so, under INA 245(k), being out of status is not a problem for I-485 as long as you have been out of status or illegally employed for less than 180 days since your most recent admission. So if your I-94 expired less than 180 days before you file I-485, it would not affect your I-485 eligibility no matter if the extension of status is approved or denied.

[Bramaresh]

Thank you 🙏