i-485 applied, H1b and i94 expiring soon..URGENT

[Vicky2k4]

Hello Members,

I have applied for i-485 (EB2-EB3 downgrade along with EAD and AP) , Received date for i485 is Oct 27th 2020. My h1b is expiring on Dec 31st 2020 and i-94 expiring on Jan 10 2012. My client is not extending my SOW and I do not have any other offer from other client. My Company is asking me to leave the country before Jan 10th.

My Query:

1. I am yet to receive i-485 Receipt. Can I stay beyond Jan 10th without impacting my Status and apply h1b after i94 expired.

2. If I plan to stay after Jan 10th,Can my company apply h1b extension after Jan 10th (i-94 expired) if I get job opportunity.If Yes, then do I need to go to India for stamping?

3. What if I have to leave before Jan 10th . Will my i-485 get rejected?

Also please share better options for above scenario?

Thanks,

Vicky

Edited December 9, 2020 by Vicky2k4

[newacct]

1. Yes, you can stay because you have a pending I-485. (That's assuming that the petitioning employer continues to offer you a job.) No, they cannot apply for Extension of Status for you after your status expires.

2. They can apply for the H1b petition and it can be approved. However, you cannot get Extension of Status since it was applied for after your status expired. So the only way to go into H1b status would be to leave the US and re-enter on an H1b visa. However, leaving the US while your I-485 is pending will automatically abandon your I-485, unless you have been granted Advance Parole, since you do not have H1b status right before leaving the US.

3. No, since you have H1b status right before leaving, if you get an H1b visa and come back on an H1b visa, your I-485 is not abandoned.

Edited December 9, 2020 by newacct

[Vicky2k4]

Thank you for your reply.

Since I have to leave before Jan 10th for the best-case scenario. How will it impact my Eb2 to Eb3 downgrade, I485/765/131 applications, since I have not received receipts of any of them nor the biometrics are scheduled? Will it cancel my whole Eb2 to Eb3 downgrade process?

 

Thanks,

Vicky