I-485 filers, do they need to extend their Non-immigrant visa?

[Kanwar23]

Hi
I have filed the I-485 for my father on 3/15/2021 at USCIS Chicago lockbox. I still haven't received any NOA I-797C from USCIS confirming that they have received the application.
I know there are delays at this time due to Covid too, my concern is that my father's 6 month entry stay will be over on May 5, 2021. Should I file I-539 for extension of his stay or is it not needed as I have filed I-485.

[Enub4]

From what I read there is no need and some say is not recommended.

[newacct]

There is no need to apply for Extension of Stay, and applying for B2 Extension of Stay would be a bad idea as it would require lying.

As far as I-485 is concerned, the person just needs to be in status on the date the I-485 is filed. The person does not have to maintain status while I-485 is pending. (And in fact, since your father is in the Immediate Relative category, he doesn't even need to be in status on the date the I-485 is filed.)

Filing for B2 extension of stay requires a statement about plans to leave the US, and that would be lying since he does not plan to leave the US.

[Kanwar23]

Ok thank you guys !
I was little concerned as I dont know if they have received the I-485 application or not as I have not received any NOA notice back from them. But I do have the UPS delivery proof
The online USCIS update says that they are experiencing delays in entering the mailed applications in the system. I hope to get the notice soon.

Thanks again!

[broteho84]

I'm on the same boat with you. Did you decide for your father to be out of status? I was thinking to still file I-539 and when the time my parent needs to be back, then she'll be out of the US.
Unless if there is formal circulation from USCIS to state that: while the I-485 is still pending, the applicant can get auto extension. I read this but it was only for T and U nonimmigrant.

[Enub4]

I'm on the same boat with you. Did you decide for your father to be out of status? I was thinking to still file I-539 and when the time my parent needs to be back, then she'll be out of the US.
Unless if there is formal circulation from USCIS to state that: while the I-485 is still pending, the applicant can get auto extension. I read this but it was only for T and U nonimmigrant.

If you filed I-485 you should not try to file I-539 as newacct said:

applying for B2 Extension of Stay would be a bad idea as it would require lying.

Your parent should stay in the USA until they have AP or GC.

[newacct]

I'm on the same boat with you. Did you decide for your father to be out of status? I was thinking to still file I-539 and when the time my parent needs to be back, then she'll be out of the US.
Unless if there is formal circulation from USCIS to state that: while the I-485 is still pending, the applicant can get auto extension. I read this but it was only for T and U nonimmigrant.

An I-485 applicant can stay in the US regardless of whether they have status. If they leave the US, their I-485 will be automatically abandoned.