Awaiting AOS on family based immigrant petition, should he still be in status?

[aruray]

What is the name of your state (only U.S. law)? NJ

Were from the Phillipines. The question is regarding my brother whose priority date became current then retrogressed. He was able to file the adjustment of status before the retrogression. He is currently on an H3 visa, my question is should he maintain status while waiting his AOS is pending? Thanks.

 

[ImmigAttyLana]

As long as he was in status at the time the AOS was filed, he should be fine.