melamela Posted June 18, 2017 Report Share Posted June 18, 2017 Hello All, I co-filed I-485 as a dependent on my spouse's AOS application. My I-94 (H1B) expired on April 25, I-485 was filed April 30, H1B extension (filed in Feb; premium processing but got RFE) was denied on May 5. So I was out of status when AOS was filed. The only option seems to be to withdraw my application, get H4B and re-file AOS. I am hoping that someone could help us out by either confirming this approach or if alternatives exist. Also, what are the chances of H4 being denied since I had filed for AOS (so have shown immigration intent)? Can the 245k option be used here? Thanks much for your help. Best Regards. Link to comment
pontevecchio Posted June 18, 2017 Report Share Posted June 18, 2017 You were out of status only after the H1 petition extension denial. Your timely filed AOS lets you stay. H1/H4 are considered dual intent. Link to comment
melamela Posted June 21, 2017 Author Report Share Posted June 21, 2017 Thank you. Based on 245c2, if pending extension application is denied, I am out of status for AOS purpose. But it seems 245k can be applied since I was out of status for only 4 days. I wonder how the 180 days are counted - from I-94 expiry to AOS filing OR to date of I485 adjudication (which based on current timelines/retrogression will definitely exceed 180 days)? Thanks again for the advice. Link to comment
pontevecchio Posted June 21, 2017 Report Share Posted June 21, 2017 You were not out of status as a timely filed H1 extension was on file at the time you applied for AOS. In any case 245k COVERS YOU. What 180 days? Link to comment
tompraveen Posted July 26, 2017 Report Share Posted July 26, 2017 I am in a similar situation. My B1 expired on 6/23 and I filed for extension on 6/29. Later I filed for H1B and it was approved on 12/23 same year before I could get an answer on the B1 extension. And later on I filed for I-485 and my I140 was also approved. Is there a grace period of 180 days or I was out of status? I've been on EAD for the last 11 years. Will this affect my GC in anyway? Thanks for your reply. Link to comment
pontevecchio Posted July 27, 2017 Report Share Posted July 27, 2017 Presumably you travelled abroad and returned at least once after the event. Then the slate is anyway clean. Moreover they do use their discretion and if you got an I94 with the H1, you were considered legal. Link to comment
tompraveen Posted July 27, 2017 Report Share Posted July 27, 2017 Thank you. I didn't travel with H1 but I travelled twice with AP. Appreciate your reply again. Link to comment
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