Will I be in status if my I-485 is filed??

[dsubb]

Situation: My H1B 6yr period expires on 25th Jan 2004. The time I have spent abroad after first entry to USA on H1B is 7 weeks. My labor application has been approved within less than 365 days after filing.

My I-140, I 485, EAD and AP will be filed in the next couple of weeks (before the end of Dec 2003).

My question is, Will I be in status as soon as my I-485 is filed?. Or will i have to do anything else to remain in status? Would I need to go for a H1 extension or something??

[priyal73]

re:Will I be in status if my I-485 is filed??

You are in status so long as you have filed for your 485. However you should file for your 7th year of H1 if your employer is willing. That way if you need to travel and your AP has not arrived - you have the option of travelling on your h1.