485 filing under "Certain Religious Workers" and H1B expiring

[moral_help]

Hi Experts,

 

I need help, the church i go to have a clergy on H1B, his i-360 is approved and church is doing the I-485 filing with in a week. His H1B is expiring on 30SEP2015. He is applying for EAD as well as AP. Now considering his H1B is expiring he can't work after 30SEP2015 until his EAD gets approved or his church apply for H1B extension.

 

(1) Do you suggest to apply for H1B extension in case 485 gets some RFE regarding his current status in future, because after September his status will be pending AOS, can that be ground for denial, as his I-94 will not be valid after September? In other words can a person legally stay in USA during the AOS of pending on no visa and expired i-94? And can that be reason for denial of I-485?

 

(2) Another RFE which we generally see is related to the proof of employment. In his case if his H1B expires then what proof he can provide, he will not be employed till the EAD approve?

 

Please suggest what should we do?

Thanks in advance

[bv2006]

always a good idea to file a H1 extension just to be on the safe side. if the 485 gets delayed or rejected, you dont want to be out of status.