http://www.uscis.gov/USCIS/Laws/Memoranda/Static_Files_Memoranda/2009/revision_redesign_AFM.PDF
The following statement is from above link.
(a)(2)
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Example 2: An alien is admitted as a nonimmigrant, with a Form I-94 that expired on January 1, 2009. On October 5, 2008, he properly files an application for adjustment of status. He does not, however, file any application to extend his nonimmigrant stay, which expires on January 2, 2009. On January 2, 2009, he becomes subject to removal as a deportable alien under section 237(a)(1)(C) of Act because he has remained after the expiration of his nonimmigrant admission. For purposes of future inadmissibility, however, the pending adjustment application protects him from the accrual of unlawful presence.
I cannot understand why “On January 2, 2009, he becomes subject to removal as a deportable alien under section 237(a)(1)(C) of Act because he has remained after the expiration of his nonimmigrant admission.”? He properly filed I-485 before his I-94 expires. Can he be considered in AOS? Is your link out of date?
