我先生140通过了,现在准备递交485. 但是我的H1b extension 有点麻烦,当时递交时候没注意,结果递交时间比I94过期时间晚了10天.结果3月初收到RFE要我解释为什么有10天gap. 现在我的RFE response 还没有递交. 我先生的485律师说要我们等我的H1b extension 批下来再递交485,并建议我们用premium processing. 她的理由是"when a person is submitting an I-485 based on an employment-based I-140, that person is supposed to be in lawful non-immigrant status. While often USCIS overlooks this requirement when an extension is pending, they may not overlook it in your case due to the potential issue with her H-1B extension." 另外她说即使我H1b extension 被拒了也没关系,只要在身份失效180天内递交485,然后递交485后停止工作就可以了.
-Your lawyer is right. You can file I-485 now (the sooner the better) with providing the H-1 extension rceipt and apply for the EAD at the same time. Your H-1 extension may be approved without I-94, so you can use EAD to work. You can go to China to get the H-1 visa in the future if you want to be the H-1 status again.
