My employer filed an H1B extension right before my I-94 expired. My EB1(a) I-140 was then approved. Do I have to wait for the H1B to be approved before I can file my I-485?


Generally speaking, it is possible to file an I-485 after one’s I-94 has expired and an H1B extension is pending. However, in order for the I-485 to be approved, there cannot be a gap of more than 180 days between the filing and an approved status period. Thus, depending on when the I-94 expired, it may be necessary for the H1B to be approved first, before the I-485 can be approved. (13.Jun.2016)

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