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.
DISCLAIMER: the information found on this website is intended to be general information; it is not legal or financial advice. Specific legal or financial advice can only be given by a licensed professional with full knowledge of all the facts and circumstances of your particular situation. You should seek consultation with legal, immigration, and financial experts prior to participating in the EB-5 program. Posting a question on this website does not create an attorney-client relationship. All questions you post will be available to the public: do not include confidential information in your question.