Filling AOS with pending H4 extn and expired I-94

[manu1012]

I am planning to file I-485 for me and my spouse. I have approved I-140, approved H1 extension and valid I-94.

 

My Spouse I-94 was expired in May 2020 and her H4 extension was filed in Jan 2020. Right now her H4 extension is pending and I-94 is expired. 

 

Can she still apply for I-485, I-131 and I-765 as dependent on expired I-94. Please advise.

[newacct]

Yes. Since you guys are in an employment-based category, INA 245(k) applies, which means she can do AOS despite being out of status if she has been out of status or working illegally for less than 180 days since her most recent admission.

[manu1012]

Thanks. Yes she is out of status from 11 May 2020. Also She is not working after her I-94 expiry.

[pontevecchio]

She has not been out of status in any way shape or form. File the necessary forms.

[gc485process]

She is not out of status. I second pontevecchio. You filed COS paperwork way before her current I-94 expired. as long as that petition is not denied she is still in status. you can file 485