Can I-140&I-485 be filed even If my B2visa expired but my I-94 still valid?
Answer:
yes. Your visa stamp is just to permit your entry. The Dept of State (via the consulate) governs the issuance of stamps.
The I-94 on the other hand is governed by the Dept of Homeland Security, USCIS once you're in the U.S. and tells you how long you may remain.
As long as your I-94 is valid your fine.
Two concerns: 1) a lot of the employment-based categories have backlogged. If you don't have a masters or higher placing you in the EB-2 category, you cannot yet file your I-485 and your status will expire before you can. 2) If you entered on a B-1 you established an intention to remain temporarily. It's important that you didn't begin seeking permanent residency (for example by filing a labor cert.) within 60 days of your entry.
Good luck
You can ask these questions to an immigration lawyer for free every wednesday at 11 am. go to www.visacentral.net
Yes, as long as your I-94 is valid you can apply...you just can't come back into this country if you leave until your greencard comes out.
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