H1B Expired before filing for I-140 and I-485

[tavorh]

Morning,
I started Greencard process with my sponsor in May 2021 and the DOL approved by PERM in Nov 2021. We proceeded and filed I-140 and I-485 in 2 weeks ago (Feb 2022) after my H1B expired in end of October 2021. Will my I-140 or I-485 get rejected because I did not file the I-485 before H1B visa expired? I read something regarding that you cannot request a change of status (I-485) unless you are in status.

[newacct]

Since you are in an employment-based category, INA 245(k) allows you to do AOS as long as you have not been out of status or working illegally for 180 days since your most recent admission. Since it's been less than 180 days since October 2021, assuming you had not been out of status during this stay before then, you should be eligible to file AOS now, but you should make sure to not work illegally afterwards since that will still count towards the 180-day limit. See USCIS Policy Manual, Volume 7, Part B, Chapter 8, section E.