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

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Question
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?

Answer
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.  

Immigration Issues

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AJAY SINGH

Expertise

Questions regarding Immigration to United States, including Removal/Deportation Proceedings, Asylum; Green Card through Family (Fiance/ee Visa, Spouse, Children, Parents, Siblings); Green Card through Employment (Labor Certification - PERM, Extra Ordinary Ability - EB1, Religious/Entrepreneur - EB4/EB5); Non-Immigrant Visas - H1B, L1, F & M, J1, J1 waiver, Humanitarian relief (Cancellation of Removal, Prosecutorial Discretion, TPS, Dream Act); Hardship Waiver (I-601/212) etc., are welcome.

Experience

Dealing with clients seeking immigration help since year 2001. Main area of practice is Immigration Law.

Organizations
Member - AILA. Bar Council of India.

Education/Credentials
LL.M - Benjamin N. Cardozo School of Law, NY. LL.B - Campus Law Center, University of Delhi, New Delhi.

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