Do I need to file an extension on nonimmigrant status with a pending I-485?

Advisably, file an extension for the non-immigrant visa while the I-485 is pending. Also, once the extension is obtained even if the I-485 is later denied, you can still stay on your non-immigrant visa. Furthermore, check with your attorney there may be an opportunity to seek reconsideration of your application.

In general, it is advisable to maintain your underlying nonimmigrant status if possible. Sometimes, the best option depends on which nonimmigrant category your currently hold. For example, it would make sense if you hold H or L status to extend it while your I-485 is pending. If you hold B visitor status, however, your nonimmigrant intention is no longer present if you have filed a Form I-485 adjustment of status application. If you have an approved immigrant petition and were in valid nonimmigrant status when the I-485 was filed, there are only certain grounds on which your I-485 might be denied, i.e., you are for some reason inadmissible to the United States. Such reasons would likely apply to your nonimmigrant visa extension application/petition as well. An experienced immigration attorney can recommend the correct action for your particular situation.

Depending on your nonimmigrant status, you may not be able to apply for an extension after filing the I-485. You''d need to be in a dual intent status like H-1B or L-1. If your I-485 is denied you would indeed be left without status and would have to leave the U.S.

If you file an I-485 based on EB-5, there is no grace period allowed, not even one day, so many recommend that it is a smart policy to maintain your underlying status. If an adjustment is denied, you will likely be placed in removal proceedings unless you have maintained valid nonimmigrant status.

It probably only makes sense to renew an H or L or E or O; other statuses would have a clear conflict with I-485 showing immigrant intent. It is legal to remain here in the U.S. while the I-485 is pending. Make sure you don''t travel internationally with the travel permit.

When possible, we advise that you maintain your nonimmigrant status and thus file an extension.

No, you do not need that.

We advise our clients to file extensions of their nonimmigrant status if they can, even though their I-485s are pending, just in case the EB-5 case is not approved.