What is one's status after the "Paroled Until" date?

J

jack23

Registered Users (C)
Hi Everyone,

I was paroled into the US on Apr 11, 2009 and my AP document has a stamp that says:

Paroled
Until: Apr 10, 2010
Purpose: AOS Applicant


Q: Now my question is what happens after that date? This was the first time I used my AP.
My concern is that I don't want to be out of status.

My H1B is no longer valid as I didn't renew it. I moved to another company 2 months ago hoping to take advantage of AC21 later. My current AP expires March 5th. I'll be sending my renewal application in a couple of days.

Q: My other question is what should I fill in for the "Class of Admission" field on the 131 form? I am guessing "Parolee"? In my previous renewal, I had put "H1B".

Thanks for your help in advance.
 
Also, My wife had made another trip last year and her paroled until date is in July 2010. Both our APs expire in March.
 
This is a common question. The answer is that your "Paroled until" date carries no actual significance as long as your I-485 is still pending. So you can safely ignore the date on your I-94. It is just routine procedure for the inspection officer to endorse a one-year expiration date, but as long as your I-485 is pending and not denied, the I-94 date (and indeed the I-94 itself) are irrelevant.

As for your fear of being "out of status" - you should be aware that, as a parolee, you don't have a status. If you do some research on the purpose of the AP, it is exactly what the title is, granting you "parole" into the US while a decision is being made whether to "admit" you or not. USCIS clearly states that granting of parole is not admission, thus you actually don't have an immigration status per se. It is as if you are waiting at the airport until they decide to admit you, but instead of lurking around the terminal, you are allowed to enter the country but are not officially "admitted" yet.

As for your question on the I-131 form: Yes, "parolee" is the correct answer. Other possible answers are "none", or "AOS pending" or just "AOS" (if you are using the paper form and can write whatever you want; if you are using the electronic form I guess the only option is "parolee").
 
Thanks for the detailed reply.
What you mentioned above makes sense but raises more questions in my mind about someone entering as a parolee, without status, and having an existing H1B. But I'm past that stage as I am using my EAD to work instead of the visa so that question is for someone else to ask.
Thanks again.
 
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