My H1B (& I94) expired 6.5 months ago (>180 days). My H1B extension was filed by my employer just prior to my H1B expiry. Recently converted to premium & got RFE. Right at this time, my EB3 priority date also has become current, so I'm eligible to file AOS, EAD, AP in Aug. My questions -
(1) If I file my AOS in Aug, can there be any issue since I only have a H1B receipt notice and its 180 days past the I94 expiry?
(2) In case my H1B is denied, for the purpose of AOS application, will my unlawful status accrue only from H1B denial date (since I'm presently in 240 days authorized stay period of H1B)?
(3) If I file AOS prior to H1B RFE submission and then H1B is denied, then can I stay in US as I will have 485 receipt?
(4) What is the risk of AOS denial in case of (3)?
(5) What are my lowest risk options to ensure my AOS / green card application is not impacted & approved?
You should sitting down with your retained counsel and having them answer your questions.
This response is general in nature and cannot be construed as legal advice, given that not enough facts are known. Any comments offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship. You are encouraged to seek independent and private counseling for a complete review of your case.
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