Sam D
May 8, 2026
Maintaining Immigration Status
Hi all. I got laid off while on H1B in November 2025. I filed an I-539 (H1B to B2) before the 60-day grace period ended to extend my status. I-539 would expire on June 7th, 2026. I also have an underlying pending EB2 NIW I-485 petition, but I got an RFE in March 2026 on the I-140 portion (planning to respond). Question is, would my pending I-485 (with an RFE on the I-140) keep me in legal authorized stay beyond June 7th, 2026? Or do I need to file another I-539? To avoid falling out of status? Thank you!
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TRS HopefullyMay 8, 2026
Do you have a receipt notice for the pending i485? I would assumed pending Adjustment of Status is a kind of “status”.
Please ask a lawyer.
Sam DMay 9, 2026
@TRS Hopefully - yes, I already have a receipt notice for the pending I-485, I-765 and I-131 . I got them in March 2026, but my pending I-539 expires June 7, 2026. Thank you!
Papa ElioraMay 14, 2026
If you have applied for I-485 that alone gives you what is called a protected status. You are eligible to remain in the US until a decision is made on your case.
Sam DMay 14, 2026
@Papa Eliora Thank you so much for your insight. A lawyer also confirmed what you said. Appreciated!
