H-1B expiring while AOS (based on marrige) pending

[marimbamuse 0]

Am I staying/working illegally after my H-1B expired on Sep 30, 2007?

I filed I-130/I485/I765 and they're all pending now. It says on my timeline I might get my EDA after Oct 17th.

My plan is to ask the company to not paying me before my EDA approves.

But I'm not sure if my staying becomes illegal after H-1B...

or my staying is legal anyway since the I-130/I-485 is pending?

[YuAndDan 153]

Staying is not the problem, you will have NOA1 letter for the I-485 showing AOS pending. You will need the EAD to continue working after H1B expires.

It is the employer's responsibility to confirm that you are work authorized.

[Dr_LHA 3]

Am I staying/working illegally after my H-1B expired on Sep 30, 2007?

You will not be staying illegally, as your legal status in the USA is fine as you have filed for AOS. However your employers will be breaking the law if they continue to employ you after your H-1B expires if your EAD has not been approved.

I filed I-130/I485/I765 and they're all pending now. It says on my timeline I might get my EDA after Oct 17th.

My plan is to ask the company to not paying me before my EDA approves.

A better plan would be to not mention anything to them. Them employing you without pay is not legal. If they're going to break the law, they might as well pay you.

But I'm not sure if my staying becomes illegal after H-1B...

or my staying is legal anyway since the I-130/I-485 is pending?

Correct!