AOS status. do I need a I-94 renewal ?

GCG

Registered Users (C)
Hi friends,

the situation here is that my I-94 that I got with my H1-B expires very soon, I filed I-485 7 mo back, got EAD & AP...

the question is do I need to file for a renewal of I-94 card, or it does not matter any more ?

thanks in advance.

-GCG
 
You do not need or get a new I-94 unless you extend your H-1B.
You are now considered an "adjustment of status" until your Green Card is either approved or denied.
You now need an EAD to work and advance parole to travel.
 
FYI.
I was on EAD...my I94 was expired long back. I recently got approved for GC and didnt have any problem with an expired I94. They took the expired I94 form during fingerprinting.
 
If you're on H-1B and your I-94 is about to expire and you have the option of renewing it i.e.. you have not yet reached your 6 year limit, I would have my employer file for H-1B Extension. Once the H-1B Extension is approved, you will automatically receive a new I-94.
This is just so that you cover yourself in the worst case scenario (God forbid!) of your I-485 application having a problem. Technically speaking, if your I-485 is rejected, you can still continue to live in the country untill your 6 year H-1B clock expires but for that you need to ensure that there are no discontinuities on your H-1B. The EAD is filed on the basis of a pending I-485 and cannot be filed under any other circumstances.
Again, just trying to think from a worst case scenario, sincerely hope your I-485 is approved quickly.
 
thanks guys. actually I just found out that my employer filed my h1 extention 3 days back...

but my wife & son will stay under AOS as we decided, I do not want to spend extra $$$ now... in case of emergency I am gonna have my H1...

my company's attorny also says there no need to renew I-94, but I was worried...

thanks all. I hope we all get our GC approved soon.
 
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