My I-140 has been approved, and I have submitted my I-485 application. However, my I-94 is set to expire soon. What will happen if it expires while my I-485 is still being processed? Will I be considered an overstayer of my visa?
Answers
Natalia Morozova
EB-5 Immigration attorneysThis seems to be a non EB-5 visa question. What is the category of your I-140 petition?
Lynne Feldman
EB-5 Immigration attorneysYou are not in status but you are in a period of stay authorized by the Attorney general so you can stay.
Yuliya Veremiyenko-Campos
EB-5 Immigration attorneysYou are authorized to stay in the U.S. (even if I-94 expires) while your I-485 remains pending. However, if possible, I always recommend to maintain a valid nonimmigrant visa status until the approval of I-485.
Barbara Suri
EB-5 Immigration attorneysSince the I-485 was filed while you were in legal status, you remain in legal status until a decision is made on the I-485.
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