B2 Visa and AOS for parents

[bvssrs]

Hi
I filed GC for parents on Aug 30th who are here in US since June 2018. One of the application received I 797C and other is rejected for wrong version of 485 and we filed the correct version immediately. I am sure we will receive other I 797C and finger print notices by Oct 10th.

Their B2 Visa on I 94 expires at the end of Nov. I read that we do not need to file an extension while their GC application is pending.

Can anyone confirm that we do not need to file B2 extension? Also, do we need to send any letter stating that why they changed their mind the stay permanently after coming with an intent to stay temporarily (B2 visa)?

Thanks!

[newacct]

Hi
I filed GC for parents on Aug 30th who are here in US since June 2018. One of the application received I 797C and other is rejected for wrong version of 485 and we filed the correct version immediately. I am sure we will receive other I 797C and finger print notices by Oct 10th.

Their B2 Visa on I 94 expires at the end of Nov. I read that we do not need to file an extension while their GC application is pending.

Can anyone confirm that we do not need to file B2 extension? Also, do we need to send any letter stating that why they changed their mind the stay permanently after coming with an intent to stay temporarily (B2 visa)?

Thanks!

No, they do not need, and should not, apply for B2 extension of status. First, they do not need to be in status to do AOS in their category. It doesn't matter if they file I-485 before or after their status expires. And second, applying for B2 extension of status requires attaching a statement explaining why their stay will be temporary, and that would be a lie because they are not planning for their stay to be temporary.