Default I485 Pending Status for F2A

[60driver 0]

Hello,

Filed I485 with a pending I130 because PD became current under Date For Filing chart in the visa bulletin. I130 is not approved yet. I know "I485 Pending" is a legal status for spouses of USC, but is it also legal for spouses of LPR? Currently here on H1B but H1B is about to expire. Also applied I765 and I131 for EAD/AP but haven't received those yet.

Thanks!

[geowrian 22,337]

A properly filed and pending I-485 does not grant a legal status. It grants an authorized stay. This applies to any category of aliens, including spouses of an LPR.

Your status is still  H-1B until it either expires, you leave the US, USCIS or an IJ removes said status, or you change status to another one (such as actually using an EAD or AP granted by a pending I-485).

Edited June 23, 2018 by geowrian

[60driver 0]

Thanks! Since the stay, like you've said, is "authorized," is it going to be a problem during our AOS interview?

[geowrian 22,337]

2 minutes ago, 60driver said:

Thanks! Since the stay, like you've said, is "authorized," is it going to be a problem during our AOS interview?

No. As long as you properly filed an I-485 while in legal status (and have maintained it since entry), then there's no issue with staying in the US while it is adjudicated, even if status terminates in the meantime.

Edited June 23, 2018 by geowrian

[60driver 0]

Thanks! Appreciate your help and time!