I-485 while temporarily out of status?Im on an H1-B at a university. I was slow about getting it renewed, and have temporarily fallen out of status. The renewal application should be processed by Jul 18. I also got married recently. We already have the DS-160, and the I-485 is pretty much ready to go. The only question is, would I jeopardize the I-485 application while I am out of status? The grace period on my I-94 ends Jul 10, but the International Scholars Office at my university says its OK for me to stay in the country while my H1-B renewal application is being processed.
Was the renewal filed before your I-94 expired? If so, youre not out of status.
If youre married to a US citizen, it doesnt matter if youre out of status for the purposes of filing an I-485.
Im on an H1-B at a university. I was slow about getting it renewed, and have temporarily fallen out of status. The renewal application should be processed by Jul 18. I also got married recently. We already have the DS-160, and the I-485 is pretty much ready to go.
Why the DS-160? Are you planning to leave the US soon to get an H1B stamp in your passport? Or are you still in Australia?
The grace period on my I-94 ends Jul 10, ...
There is no "grace period" for the I-94 of H1B, other than 10 days to leave the country when its expired. Do you mean the expiration date on the I-94 is July 10? If yes, youre not out of status, because your renewal was filed before the existing H1B expired. Note that visa expiration is not the same as out of status. The H1B visa stamped in your passport may have expired, but if the I-94 date is July 10 your status hasnt expired.
Why the DS-160? Are you planning to leave the US soon to get an H1B stamp in your passport? Or are you still in Australia?
There was confusion about the I-485(*) because my Mum was dying of cancer, and I couldnt count on being where I needed to be, for the fingerprinting, etc. And then after she passed away, I was in a bit of a fog.
There is no "grace period" for the I-94 of H1B, other than 10 days to leave the country when its expired. Do you mean the expiration date on the I-94 is July 10?
Yes, date on the I-94 is Jul 10.
If yes, youre not out of status, because your renewal was filed before the existing H1B expired. Note that visa expiration is not the same as out of status. The H1B visa stamped in your passport may have expired, but if the I-94 date is July 10 your status hasnt expired.
Thanks for this information. Does this mean that I can actually be employed up until Jul 10, as well?
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(*) See "showthread.php?319273-Leaving-the-US-after-submitting-application-to-adjust-status" on this site. (The system is not letting me post URLs, because my account is too young.)