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Nisarg83

Which date to consider for I 485 - Receipt Date or Notice Date ?

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Hello Everyone,

My employer has filed H1b Amendment + Extention in July 2018 and I have received RFE for the same .My current I-94 expired on Feb 28,2019 and I am on 240 day rule .I filed family based I - 485 on Feb 16,2019 and USCIS has send the receipt with receipt date as Feb 19,2019 and notice date as March 05 ,2019.

Here is the summary :
I-485 Filing Date - Feb 16,2019
I-485 Received by USCIS - Feb 19,2019
I-485 Notice Date - Mar 05,2019 
I- 94 Expiration Date - Feb 28,2019

Which date is considered for I 485 receipt date or notece date ?
If my H1b will get denied then will the period Feb 28 - March 05 will be considered as illegal stay ?

Thanks in Advance

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On 3/14/2019 at 3:59 PM, Nisarg83 said:

Hello Everyone,

My employer has filed H1b Amendment + Extention in July 2018 and I have received RFE for the same .My current I-94 expired on Feb 28,2019 and I am on 240 day rule .I filed family based I - 485 on Feb 16,2019 and USCIS has send the receipt with receipt date as Feb 19,2019 and notice date as March 05 ,2019.

Here is the summary :
I-485 Filing Date - Feb 16,2019
I-485 Received by USCIS - Feb 19,2019
I-485 Notice Date - Mar 05,2019 
I- 94 Expiration Date - Feb 28,2019

Which date is considered for I 485 receipt date or notece date ?
If my H1b will get denied then will the period Feb 28 - March 05 will be considered as illegal stay ?

Thanks in Advance

Neither. Priority Date. On my NOA-1s the Priority Date is the same as the Received Date.


c9 AOS Concurrently filed I-130 & I-130A, I-485, I-131, I-765

 

2019-02-21 Package sent to Chicago Lockbox via FedEx

2019-02-27 Package received

2019-02-27 Priority Date

2019-03-04 Notice Date

2019-03-09 Notice received via USPS

2019-03-15 Biometrics Appointment Notice received

2019-03-26 Attended Biometrics Appointment

2019-04-01 Case is ready to to be scheduled for an interview

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