After using AP, Important issues!!

J

jonelee

Registered Users (C)
Question to all experts.
My wife came back using AP, but the immigration officer did not give her a I-94 card, in stead stamped on her passport "Adjusting Status". Does she need to mail the 2 AP originals back to INS service center? and when? Is it possible that she still works with her H-1b status for the same employer? although she has a EAD already.
Because there is a sentence on the AP card, "Presentation of this authorization will permit you to resume your application for adjustment of status upon your return to the United States, if otherwise admissible under this Act." I think we need to mail the AP back, but we don't know when, and we don't know how to use it next time, since this is for multiple entries.
Thank You in advance for any advice.
Jonelee
 
Why no I-94?

I just came back from India yesterday and entered the US using the AP. I did get the I-94 with a red seal with words "AOS" and the same stamps in the passport and on my AP. All documents were returned back to me for future use.
I am surprised that the IO did not give her the I-94. Did she fill one before landing? Even if she did not, she must have been asked to by the IO. I think you should consult your attorney before you send the AP anywhere.
 
She did prepare one, but the IO said she didn't need one. The IO also stamped her 2 AP cards with AOS. So I don't know what to do with it. My stupid laywer doesn't know anything. Thanks for your useful info.
 
Your wife can still work with H1 status after coming back - there is no problem. I don't know why INS did not give her I-94. As officer explicitly mentioned that she does not need one, so I guess it's true because I-94 mentions how long one can stay in USA. But as for AOS, there is no time limit. So I feel it's OK, if she does not have one I-94. If your wife presented two original copies of AP, INS officer should keep one copy and return the other one after stamping on it (this 2nd original "stamped" copy is good for future re-entry). If officer did not do it, probably you need to contact INS office or talk to your attorney if he/she can clear the fog. Anyway, my guess is same as yours, probably you need mail only AP original to INS (but DO NOT send it unless INS officer stamped on them).
 
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It seems officer did't know the new ruling about AP . They use to do that some time back but now guidelines from INS have changed. Now you have fill up I94 and officer will give u 1 yr entry stamp insted of AOS which used to be till u get adjusted. Go to local office and get a new I94 , take along your passport and and AP copies.
 
I-94 is needed

I traveled on AP once and I was issued I-94, which has expiry date same as my AP expiry date.U dont have to send anything to INS , but u might need a I-94 asap.Go to local ofiice to obtain one.
 
Hi all,

Following up on this issue....I got a question as well.

I also used the AP to re-enter the States. My new I-94 expires on the date exactly one year from I re-entered the country. Do I need to exit and re-enter the country with a new AP if my I-485 hasn't been processed by my I-94 expiry date? Or, can I go to a local INS office to get a new I-94? Some people say that it's okay to let the I-94 expire in this case but I doubt that, and couldn't find any formal INS policy or processes on how this will be handled. Any information will be really helpful.

Thanks,

WP
Plano, Texas
 
I-94 issue

:confused:

We applied for I-485 at VSC and receipt date is on 11/29/2001. Spouse's AP expired on 02/19/2003 and her EAD will expire on 03/05/2003.

Already applied for her EAD renewal but did not renew AP since she have no plans of leaving the country.

She used AP for re-entry on 05/06/2002. Immigration officer stamped on both I-94 and AP:

Paroled Pursuant to Sec 212(d)(5) of the I & N Act to: May 5, 2003
Purpose: DAI512 AOS
LOS5733 May 6, 2002

Did we make a mistake in not renewing AP? We thought you only need this for re-entry.

How about I-94 which will expire soon? Do we need to renew this as well? How?

I appreciate all your response.
 
I started the process of renewing my EAD and also applied for a new AP.

I thought it is not okay to let the I-94 expire.

WP
 
Once again I94 expiry will not be an issue for I485 adjustees. But having an AP doesn't hurt. Are you cribbing about the sub 100 fees now? Apply for AP now.
 
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