Still Legal after i-797c?

[ts2018]

Hi: We filed for concurrent processing for my wife's parents. Received i-797c, rejection because of incorrect payment (think I overpaid). Are they still legal to stay in the US while we resubmit i-486/i-130/i693/i-864? Their i-94 (from when they entered the country) expires in a few days.

[newacct]

Hi: We filed for concurrent processing for my wife's parents. Received i-797c, rejection because of incorrect payment (think I overpaid). Are they still legal to stay in the US while we resubmit i-486/i-130/i693/i-864? Their i-94 (from when they entered the country) expires in a few days.

When they resubmit I-485, they can stay in the US for as long as I-485 is pending. It doesn't matter if the I-485 is filed before or after their I-94 expires.