I-130/I-485 Concurrent and B-2 Visa Extension Question

[gopalkamat]

I am a US citizen. My parents are here visiting on a B2 visa. In Apr-2021, I applied for their I-130 petition online, got the online receipt (I-797) and then attached that to I-485 application bundle for concurrent filing that I mailed in a couple of days later.

It's been over a month since all of that, and neither my checks have been cashed nor have they sent out a receipt for the I-485. My parents' I-94 6-month stay duration expires in July 2021 (their B-2 visitor visa is still active for the next 2 years).

1. I've learned that if i receive a I-797 for their adjustment of status, my parents should be able to stay in the USA even after their I94 expires until their case gets decided (approved or rejected). Can you please confirm this?

2. What happens if my checks aren't cashed yet and I haven't received any I797s yet from USCIS, and their I94 is about to expire? Do they have to return back to their country or can they continue staying? Do I have to file for an extension of stay?

Please share your insights. Thanks!

[rkk09]

Hi,
1. I've learned that if i receive a I-797 for their adjustment of status, my parents should be able to stay in the USA even after their I94 expires until their case gets decided (approved or rejected). Can you please confirm this?
Answer: Yes..

2. What happens if my checks aren't cashed yet and I haven't received any I797s yet from USCIS, and their I94 is about to expire? Do they have to return back to their country or can they continue staying? Do I have to file for an extension of stay?
Answer: Please raise a service request or contact USCIS with mail tracking number. Once you have a discussion, based on that you can decide further step.
Thanks

[newacct]

Filing Extension of Stay is no only unnecessary and a waste of money and time, but also requires lying.

First of all, their ability to stay is based on the filing of the I-485, not the receiving of the receipt. The date the I-485 is filed is the "received date" on the receipt, but even before you receive the receipt, you will still be pretty confident on what the "received date" will be, because it is no more than a few days off from when the package was delivered to USCIS. In all categories, as long as the "received date" was before their status expired, they are eligible for I-485, and can stay for as long as I-485 is pending. Furthermore, your parents are in the Immediate Relative category (spouse, parent, or unmarried under-21 child of US citizen). In this category, even if their status expired before they file I-485 (could even be years before), they are still eligible to file I-485, and once they file, they can stay. So in your parents' case, there is no concern about whether the received date is before or after their I-94 expires -- it doesn't matter either way.

Filing B2 extension of stay requires a statement on their plans to the leave the US, which would be a lie if they don't intend to leave the US.