sriradh Posted March 9, 2021 Report Share Posted March 9, 2021 Here is the situation of my wife: H1B I-94 expired - 09/14/20 H1B (applied in Aug) extension denied - 10/16/20 - I-290 Appeal has been opened and currently pending H4 COS applied (pending) - 10/19/20 AOS applied (based on my priority date) - 10/28/20 (receipt notice received but still pending for biometrics) We did not travel out of country because of COVID situation and now we dont want to travel because we dont want to miss the biometric appointment. Given that we applied for AOS within reasonable time of denial, is it legally okay to stay here until she gets her EAD/AP ? Apr 14th is when she will be out of status by 180 days. Should she leave the country before then ? Can she leave given that AOS is pending and some say we cannot change to a new status and will be denied entry during pending AOS? Thanks so much, sriradh Quote Link to comment
LeaveMessageH1B Posted March 9, 2021 Report Share Posted March 9, 2021 12 hours ago, sriradh said: is it legally okay to stay here until she gets her EAD/AP ? IMO- yes. Quote Link to comment
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