Out of status when AOS filed


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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.

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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.

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  • 1 month later...

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.

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