H1B holder Married to US citizen

[mimrafi 0]

Hi,

I am a H1B visa holder and my I-94 expired at 27th sept 2010. My company filed extension for H1B for me at 25th August 2010 which is still under procession and I have been working in their project. I have recently married to US citizen (July 2010) and now I want to process family based Green card for me. When I was trying to fill up i-485 form, I found a entry need for me which is I-94 expire date(Which is expired). There is no section to say, I am under h1b extension process and still legally working in USA. Here my questions are:

1.

If I fill up this with a expired I-94 date will it be problem or will it indicates I am out of status?

2.

Should I wait to get a new extension and I-94 and then proceed with i-485 applications or just there have workaround for this.

Thanks in advance for a help.

- Mimrai.

[mimrafi 0]

Hi,

No Reply in this post?

[VanessaTony 3,567]

** moved from "Adjustment of Status (Green Card) from Family Based Visas" to "Adjustment of Status from Work, Student, & Tourist Visas" as you are adjusting from a H1b visa and the prior forum is for K1, K2, K3 & K4 **

[Harpa Timsah 13,258]

Hello! There is no penalty for being out-of-status for immediate relatives of US Citizens who entered with a valid visa (this is you). Just enter the correct date on the I-94. I suppose in your "current status" you could put H1B extension, but either way you will not be penalized. Good luck and congrats on your marriage!

Here is the guide

http://www.visajourney.com/content/i130guide2

[mimrafi 0]

Thanks a lot Harpa!! You have a nice day.

- Shamim