Will pending H1B extension raise any issue in i-485 interview?

(anonymous) #1

Hi, just checking if you can advise on my situation.

I have I-140 approved recently, me and my wife both received EAD. Me and my family are currently waiting for I-485 interview notice to arrive. My H1B extension application was lodged in July 2018 without PP (Premium Processing), since then its pending still not approved.

Last status update to I-485 was that documents have arrived on local office, so we are expecting interview notice soon. I-94 expired on 09/30/2018.

Will it raise any issue in interview that I-129 still not processed? Should I go for PP now for I-129 so possibly it’s processed before interview?

I am explaining my situation in detail below:

  1. H1B expired on 09/30/2018. My lawyer filed extension in July-2018, not yet approved. They raise RFE and response sent a month ago. Last status showing they received response of RFE.

  2. My I-140 and I485 concurrent filed in December, 2018. I-140 is approved a month ago. We already received EAD and AP.

  3. My I-485 status showing documents arrived in local office. My location doesn’t have that much queue. I am expecting interview notice to be received soon.

  4. As per your post above, I was on “Period of Authorized Stay” between 09/30/2018 and the date when I-485 was filed (December, 2018).

I am trying to understand:

  1. If I-129 is not approved before interview date, will it raise any issue during interview and in I-485 processing?

  2. My I-485 was filed during “Period of Authorized Stay” when I wasn’t in H1B status, , is it an issue?

  3. Should I go for PP now for I-129?

Thank your for your advice.

(Anil Gupta) #2

As per my information, you are fine with your i485 application.

Your pending H1B status is perfectly legal and you are allowed to file i-485.

As a general guidance, i always recommend to file H1b in premium to get result faster and get peace of mind.