Anybody else face similar problem reg. I-94

KK22

Registered Users (C)
I travelled on my first AP last year and was paroled until begining of november. Upon my lawyer's advice I went to Charlotte office to get my I-94 extended since my 485 is still pending. I also have an H1b petition till dec 2004. The security flat out refused to let me enter without a letter and told me to come next week! I had taken a day off work and rented a hotel in Charlotte to get this technicality out of the way. My lawyer was very upset and said I should not have to go back again and she is trying to organise a local stamping at the RDU airport. Any suggestions? What are the ramifications of having an expired I-94 even with a pending 485? Shoudl I have a backup plan?
 
you dont need to extend the I94. Lawyer is misinformed. Pending I485 is enough status. Did you apply for a new AP?
 
Yes, I do.

Yes I have recently received my second AP but was not planning to use it anytime soon. I will talk to my lawyer again and see what she says. My I-94 expires 11/5/03 so I have to get some definitive answers soon.
 
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My experience with expired I-94

KK22,

I believe what jaxen said is correct. The reason is that my I-94 was expired (almost an year before) when I travel to India early this year with I-485 pending status with valid AP

This is what happened:

1. While check-in at airport, flight agent was removed my expired I-94

2. I was boarded into Flight.

3. Before flight takes off, some other flight security agent came to me and asked whether I am in the deportation process. I said "NO" and told them that I am in I-485 pending status and shown my AP. He took both my original passport and AP for verification before flight takes off. After 10 minutes, he came back to me and said everything is all right and let me to fly.

4. While my return, Immigration officer took me to a separate room where few people were also waiting. After verified my AP & passport, He stamped I-94 with one year validation, NOT I-94 expiration date.

5. So, my I-94 is going to expire in couple of months and I am not worried about extending it as long as I-485 is in pending.

Hope this will help.

Thanks.
 
You do NOT need to extend your I-94.

I had travelled to India on AP and an expired I-94 (9 months after expiration). While coming back, I received a new I-94 based on the AP expiration date and this again is going to expire on next month.

As long as you have a pending I-485 you are fine.
 
Do not worry!

I am with you all!... You do NOT need to extend your I-94.

Two days ago I travelled to Mexico on AP. At the time of leaving US I just returned my expired I-94 (8 months after expiration date). At the time of return to US, I received a new I-94 which is valid until the AP's expiration date.

I was told by the border officer that the only thing I need to do is that in case my I-485 is not approved before the expiration date of the I-94, then I must apply for a new AP and EAD before the current expires.

I hope this gives you some peace of mind
 
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