saravanan37 Posted October 6, 2011 Report Share Posted October 6, 2011 Hi, My H1 extension got REF and my I94 expired already. My Priority date is current as per November bulltien. Can I file 485 if my H1 extension is in progress and I94 expired? Thanks Saravanan Link to comment
Belle Posted October 7, 2011 Report Share Posted October 7, 2011 Did not you ask that question already? Yes, you can. I would recommend filing ASAP. Link to comment
saravanan37 Posted October 7, 2011 Author Report Share Posted October 7, 2011 Attorney / Expert your help please Link to comment
qwerty14 Posted October 7, 2011 Report Share Posted October 7, 2011 Hi, My H1 extension got REF and my I94 expired already. My Priority date is current as per November bulltien. Can I file 485 if my H1 extension is in progress and I94 expired? Thanks Saravanan Saravanan If you got RFE you are still in lawful status. You can apply I-485 and that might make you eligible for a AP stamp that will make you in status. But pl make sure you consult a experienced attorney to make sure you do the right thing. If attorney is confident with the RFE response then you shd be ok Link to comment
saravanan37 Posted October 10, 2011 Author Report Share Posted October 10, 2011 Belle & qwerty14 thanks for your reply. Hi Qwerty14, Can you please explain with little more details with your below answer? "You can apply I-485 and that might make you eligible for a AP stamp that will make you in status" Appreciate your help Link to comment
Belle Posted October 10, 2011 Report Share Posted October 10, 2011 Well, AP is not a stamp, and it does not provide status. Neither does a pending I-485. However, with pending AOS (with or without AP, does not matter) you will in what is known "presence authorized by the Attorney General". Link to comment
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