He cannot stay unless an i-485 is filed.

Maybe the lawyer is thinking of 245(k) that allows 6 months after status ends to file 485.

If he changes his status to another visa then he can stay but if not then he will go home

@Charlie SC But that would require that his pd becomes current in those 6 month which is unlikely

@German Refugee My understanding is, if his I-94 is still valid, he can stay. He just can’t go out and back in the country.

@German Refugee But once the I-94 expires and he still hasn’t filed I-485, he’ll have to go back and submit his I-485 through consular submission from his home country.

It really depends on what his status is right now. Visa does not mean status, one can have an expired visa but still stay legally (for example: OPT for F1 visa). I also find it odd that his LC from Aug got approved already, according to DOL website they only recently started working on July 2023 cases. But good for him!

@Lawfully User He is on b2 right now. Those times on dol are just average, still can go quicker or slower. Hes lucky but also not, since this will give him no benefit in his current situation.

@Colleen Channer persons like this with bad advice gets persons deported or stuck in the US for decades. congress hasn't updated immigration laws in decade. an I hope you aren't talking about the D-3 Non-immigrant visa waiver because that's for Non-immigrant visa not immigrant visa. Also they don't easily approved those and this individual more likely to be hit with an misrepresentation because they came on a b-1 visa with the intent to get their GC showing immigrant intent. stop giving law advice so confidently when you are not a lawyer. This is people life you messing with.

I removed my comment because every case is different my category is different. I do not mean to mislead or misguide. I am not a lawyer. amen. rest well