Advance Payrole and I-94

C

cha

Registered Users (C)
This is a scenario:

1. A person is on H1 visa and applied for 485 before leaving to INDIA.
2. He went to india and came back on H1 visa (Got I-94 valid till Nov 2003).
3. He received Advance payrole valid till 5/2004. EAD is approved but not yet received.

Now, my question is

After Nov 2003 (H1 expiry & I-94 expiry date), Is he has depart&re-enter USA on Advance-Payrole?

Please share your experiences and advices.

Thanks
 
This is a scenario:

1. A person is on H1 visa and applied for 485 before leaving to INDIA.
2. He went to India and came back on H1 visa (Got I-94 valid till Nov 2003).
3. He received Advance parole valid till 5/2004. EAD is approved but not yet received.

Now, my question is

After Nov 2003 (H1 expiry & I-94 expiry date), Is he has departure-enter USA on Advance-Parole?
---- ------If he you use EAD then enter on AP, if maintain H1b or get H1B extension approved before November 2003 and still want to maintain H1 status you can also get H1 visa stamp and can enter on H1.
 
As long as u on AOS - u need not be worried about ur status in US, even if the H1 and I-94 has expired.
Ur friend's stay in US is legal after nov 2003 also - as he has applied AOS.
U need to use ur AP - the next time u travel outside US.
 
cha:

“2. He went to India and came back on H1 visa (Got I-94 valid till Nov 2003).”
“His 6year period will be over by Nov 2003.”

-------- If he does not use EAD still he can get 7th year H1 extension as he has pending I-485. If he uses EAD then enter on AP in future. Expiry of I-94 after Nov 2003 will not affect him/her status is AOS pending (I-485 filed), if uses EAD keep always valid AP with you and apply 4-5 months advance for AP
 
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