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Immigration Issues/I-94 expires while I-140 application is pending


Hello. I am from South Africa and have been in the US for almost 6 months now. I am a music producer and I've been offered a job at a record label

I obviously can't work on B1/B2 so my employer has applied for an I-140 Visa For Me. My I-94 expires on Sunday and I am worried i will get in legal trouble

1- i heard as long as you submit a visa change before the I-94 expires, you are still legally in the country. Is This True??

2- If it is rejected. does this immediately make me illegal because my i94 would have expired?

Dear Princely:
Firstly, I-140 is not a visa.  It is only an immigrant petition based and upon approval of which you may become eligible to apply for green card (I-485) if your priority date is current and you are in lawful status in the United States.  

You would want to either go back and come again or process your COS abroad at the consulate level or immediately file for an extension of your stay.  

Best wishes,

Note: Our main are of practice is U.S. Immigration Law with focus on Removal, Deportation, Asylum, Employment Visas, Non-immigrant Visas (H1B/L1/J1), Immigration Bond matters, Criminal Immigration and other complex Immigration matters and related Federal Court litigation.  This communication, though, does not constitute “legal advice”, nor does it form an attorney-client relationship.  

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