H1B 7th yr ext denied. I 485 filing

[naveenchitluri]

My H1B visa and I94 - expired on 09/30/2011, my H1B petition got denied on 11/08/2011 after one RFE. My PD is Feb 2008, and is current. My wife is pregnant and she is in her 8th month.

My questions:

1. In my denial notice from USCIS, it says that I have 33 days from 11/08/2011 to apply for an appeal.

I would like to appeal to reconsider the decision, Can I file for my I 485 while my appeal is still pending.

From what date would I become out of status.

Am I out of status while the appeal is pending?

[pontevecchio]

These are detailed technical questions and you would do very well to involve your Lawyer in the process.

[Attorney_7]

Generally, foreign nationals who are not in lawful immigration status on the date of filing the I-485 (Adjustment of Status), or who have failed to maintain lawful immigration status since entry into the United States, are not eligible to file the I-485 and obtain approval.

However, under Section 245(k) of Immigration and Nationality Act (INA), it may be possible to apply for Adjustment of Status (green card) even if one may have violated his/her respective statuses for a limited period. For more information please review the following link: http://www.murthy.com/news/n_gcpsbl.html

Also, it is strongly recommended that you consult an experienced immigration attorney to discuss your options.