I-485 Filing Eligibility

[Mantras]

Hi,

Below are the facts about the case.

• Working as Full timer to an American based company - H1B Extension timely filed in December 2018 .
• I-94 expired in April 2019, 240 days period ended on December 2019.
• Stopped working after expiry of 240 days and currently on LOA and staying on Authorized Stay.
• Candidate in the US on authorized stay and waiting for the extension.
• Question is - In the recent Visa bulletin my Filling date got current (EB3 - September 2013). I have approved I-140 with the current organization who filled my H1B extension. Can my company file I-485 along with AP for me ? So that I can get the status back and can get the work authorization eligibility with the same organization? 

Please let me know what are my options? 

Note: H1B extension is pending with a random background check and we already raised couple of requests. 

Thanks

Mantras

[newacct]

I think you can file I-485 but adjudication will be put on hold until your EOS is approved. See USCIS Policy Manual, Volume 7, Part B, Chapter 3, section E-1 on eligibility for AOS in case your status has expired and you have a pending EOS/COS. Since it has been more than 180 days since your I-94 expired, INA 245(k) doesn't help you.

[Mantras]

Thank you @newacct.