AP: secondary inspection

Bitterman,

I guess I did not explain properly. I came on J-1 (visiting scholar or people coming here post Ph.D) in july 1998 with a visa stamped in my passport valid for one year meaning till june 1999 just like if somebody is coming here on a H-1 his visa (stamping) will be valid for 3 years. The J-1 visa is further extendable for another two years (3 years max) which I did by just signing on a new form (similar to I-20). This means that I am in status all along but cannot travel unless I get a fresh J-1 stamping either in a third country or home country. The J-1 term was to get over by june of 2001. If one doesnt change his status (usually to H-1) before june 2001 he has to go back to his country. But I changed my status from J-1 to H-1 in Jan2001 itself. When I got the H-1 it had an I-94 attached to it and the number was same as my earlier one but now valid till jan 2004. Normally people who change their status from J-1 to H-1 go to either mexico/canada or to their home country and come back with a new stamping and a new I-94, which I couldnt do. I hope this explains your query. I was never out of status.
 
bjags,

yes, that clears things up perfectly. I was worried if you were out-of-status at some point. Some people were (or still are), even without realizing it.

As to answer your question about your status after AP I-94 expiration... well, nobody knows. Technically, there are two rules contradicting each other. Firstly, I-94 identifies the final date when you have to leave the country without beginning accruing "illegal presence". And secondly, a pending AOS application protects its beneficiary from being in "illegal" status at all times.

We are still waiting for more guidance from INS on what to do with expiring AP I-94's. The last thing I have heard is http://www.usvisanews.com/memo1898.html which actually does not give any peace of mind or actual directions what to do. All we can do at this point is wait.
 
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