I-94 Extension in case of a pending AOS

[hero123 0]

I arrived in US on january 15th 2010 on a B1 visa which was a 6 months single entry expiring on april 30th.I have a I-94 stamped on my passport that allows me to stay till april 26th 2010.I got married on January 31st 2010.We decided to apply for AOS and we applied for I-130/765/485. I have recently taken the biometrics on March 29th 2010 but I am waiting for further processing. I have a confusion about my expiring I-94 on april 26th.Shall I apply for an extension of the same?or it is fine to go out of status after april 26th.An early reply will be appreciated.

[Brother Hesekiel 2,236]

You are not out of status, nor will you be.

You are a B1 (hard to believe, by the way) with status pending. The moment USCIS accepted your spouse's petition, you continued to be a legal non-resident until said petition will be decided upon.

If the decision is positive, which happens in most cases, you become a LPR; if it's negative, you are legal for another 30 days until you have to leave the country.

[JuneFirst 1]

You are not out of status, nor will you be.

You are a B1 (hard to believe, by the way) with status pending. The moment USCIS accepted your spouse's petition, you continued to be a legal non-resident until said petition will be decided upon.

If the decision is positive, which happens in most cases, you become a LPR; if it's negative, you are legal for another 30 days until you have to leave the country.

Hey...that is what I blieved is the truth.

I tried to change my status in 2009 and called USCIS to find out what to do:

leave the country after 90 days or wait for the decision.

You of course gotta stay, everything else would be wrong!!! (they made me feel like a dummy for asking such a question).

A little later I went to the embassy and they told me that I overstayed when I did not leave after the 90 days.

My experience.

[belinda63 3,041]

While the AOS is pending, provided is was filed prior to you having to leave, you are not "overstaying". This would only be a worry if your AOS were denied, which it won't be (good karma coming your way).

[alanakaja1980 1]

I have the same problem, which I questioned on my other thread. My 90 day visa waiver expires on 26th April too. As long as I send my AOS off before the 26th April then it shouldn't be a problem (fingers crossed). Good luck to you. I will be sending my AOS application off after my medical exam a week on Friday.