Travel while I-130/I-485 processing is in progress

[rjkrish7]

My father's I-94 is valid till 5/31/08 and the processing of I-130 (fingerprinting was completed two weeks ago) is currently in progress. Paperwork for I-130 and I-485 were filed jointly.
Can he stay on in the US even if the processing and adjustment of status is not completed by 5/31/08?

I would appreciate any insight that this community can provide.

[peace]

Yes, he can. He will be legal till he receives a response.
But he should apply for an advance parole now in case he needs to travel out of the country during the processing. AP processing takes time.( there is a provision for an emergency AP as well)

Two things will happen if he leaves the country without an advance parole;
*His I-485 will be considered abandoned.
*He won't be allowed back in if he leaves US after his I-94 date.

[GautamGandhi]

rjkrish7 - Did your father enterred in USA on visitor visa?

If you do not mind sharing this information

[PraetorianXI]

He most likely did.

To the OP, your father is allowed in the USA until his GC is approved, his legal status does not depend on the I-94 anymore... but on his pending AOS application. Go ahead and apply for I-131 if you have not already, there is no fee for this form.

If you do not mind sharing this information