Attention EAD Workers, make sure you have the I- 94 current.

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needhelp1

Registered Users (C)
I have posted the same in I140 Tracker Theard for concurrent filling.

Hi All,
My lawyer told me yesterday that we need to keep the I-94 valid till the final approval of I485 application even if we have a valid EAD and AP. Is this information is true ?
He showed me a posting on usvisanews.com and I have the content below.
http://www.usvisanews.com/memo1878.html

Rightnow my H1 is going to expire in another 4 months from now and I am filling my I140 and I485 in a weeks time and I was thinking of using EAD to continue my employment even with my sponsoring employer and use AP for travel, as I am paying for all the Processing including my H1 and H4 renewals.

Please clarify my concern as I understand that if this is true, it will definately will have lot of issues for people whose H1B are already expired and are using EAD for their employment needs.

Thanks
Needhelp1


Adjustees Beware: Check Your I-94 Card!
By Kim King Friday, October 11, 2002


On October 7th we posted a short statement regarding the INS policy recently shared with the American Immigration Lawyers Association (AILA) that the period of authorized stay issued to individuals who enter the U.S. using advance parole will be limited to one-year. The INS has not yet offered guidance to further detail resulting questions, however we hope that some guidance will be published shortly.

Nonetheless, the IMMEDIATE and SIGNIFICANT effect of this INS policy is the limitation of a previously relied upon premise that an adjustee will have his/her lawful stay preserved throughout the pendency of his/her I-485. We remind clients and readers once again that lawful stay is directly linked to possession of a valid I-94 card or, in some circumstances, a pending application/petition filed before the applicant/beneficiary's prior I-94 card expired. However, based on the newly announced INS policy on use of advance parole, the issuance of an I-94 card WITH AN EXPIRATION DATE will determine the period of authorized stay regardless of the ongoing pendency of an I-485.
 
I am going to categorize this news item as Another scare tactic by some lawyer who wants to get some cheap publicity.
 
right said Jaxen. Thats totaly foolish of this guy that u have to have vaild I94 if use AP.
There are so many ppl who do't use AP but have expired I94 and 485 pending. They are totaly legal with EAD getting approved for work by INS.
 
Thanks Friends for your opinion.

Here is a strange situation for one of my friend, My friend is now working on EAD and his EAD is going to expire in a month now and his H1 is already expired. Now even if he apply for EAD renewal, it will definately takes more than One month.

Now what are his options ?

I was reading a News Brief on Murthy.com and it says one should not work after his/her EAD is expired till he/she gets the EAD renewed.
http://www.murthy.com/UDsamday.html

In such a case, I think if he had his H1 valid/renewed, then he could have used his H1 and work till he gets his EAD.

Needhelp1
 
I have gone through the Murthy link

It is mistake of your friend that he did not sent application to renew EAD

One has to be take care to apply EAD at least 4 months advance, AP 3 months advance if it is going to expire in near future and H4 extension of Spouse 2-3 months before the date it is going to expire but many don’t care, let him face the situation, fault lies with your friend not with INS
 
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usvisanews.com is a reputed site. Instead of ignoring the message, let's try to clarify if it's really true.
 
If you can help, please help.....

Dear Ginnu,
I agree and disagree with your statment, I agree that it is not INS mistake and I disagree because people do mistakes for various reasons and obviously we don't want to discuss about the reasons and finding fault with people.

This site is for people who have problems for various reasons and we should all first try to suggest if we know the answer to the concern or look for a possible solution rather than blame it on somebody. We are here to share and help each other not to point finger at others problems.

Needhelp1
 
Apply for new EAD ASAP and then go to local INS office. At times i have read on this post they have given EAD before 90s of application. Else i ges he has to be on unpaid leave or make a arrangement with employer to pay him later.
 
Thanks ghost-rider

I will ask him to pursue with the INS Local office and hope that helps. Once again thanks for your prompt reply.

Needhelp1
 
needhelp1

It is absolutely wrong to say that the I-94 shouldn't be expired until I-485 approval. The way to determine if you are on EAD or H1 is this way. If you are with employer A on H1 and employer B is sponosring your case and got your EAD, then

1) scenario: if you are still with employer A and your H1 did not expire, that means you are on H1 still and you can go and come back into the country using H1 visa even though you have Advance parole.
2) scenario: If you are with employer A even after your H1 expired, that means you started using your EAD to continue working with them. The employer will ask for your work permit anyway since the HR department will know that your H1 expired. Then you are on EAD period and you have to use Advance parole to go and come back to USA.
3) Scenario: If you left employer A and started working sponsoring employer B as soon as you got EAD, that means you are on EAD period and you need to use Advance parole.

If your current employer and sponsoring employer is the same, then you are on EAD after your H1 expired. Going out of USA before H1 expiry means, you can come back using H1 visa. Going out of US after H1 expiry means, you are on EAD and advance parole. Just by looking at your passport, H1 visa stamp and advance parole, the officer at the port of entry can easily tell which one you are using to come back to the country.
 
If someone forgot to renew their EAD and their H1 expired already, then they should be concerned with getting paid, not the legal status. As long as they have I-485 pending, that means they are legally eligible to stay in the country but if the EAD expired, they need to stay home without pay until they renewal petition is approved. It's just a break from getting paid. Status wise, everything is OK. The other concern is, will the employer wait that long (until your renewal comes through) to put you back on payroll, considering the economy. If the employer can't wait, then you have to start working for another company as soon as you get your renewal.
 
Ref: gcard2002

Thanks for your detailed reply. My friend is planning to go to Local INS office and try to get the renewal and he has also worked out alternate actions with his employer.

And Regarding valid I94 status, I agree to what you say, but my lawyer tells me yesterday that this is new memo was given by INS recently and he still has no more details on it.

He too thinks that it should be OK to work on EAD after H1 expiration, but he also cautions me that in future if INS comes with more specific regulations about the above Issue, then I will have to face the music. That's the reason he is insisting on extending my H1.

I can only think of two reasons as of now.
1. He wants to make more money by doing my H1 extension.
2. He wants no headache if INS comes back with more regulations with the above memo.

Needhelp1.
 
Sorry I am new to this Forum after reading all this I am confused
1 I have filed I-485 and changed employer after 180 days, I have got EAD but not used, my wife also got EAD but never used, my wife I-485 is filed as derivative status, she is on H4
2. I joined new Employer by H1B transfer and maintaining H1B status and my H1B approval and I-94 is valid till 2004 and, I have still Valid H1B Visa sticker with past employer name on it and that Visa sticker will expire in Feburary, 2003, I will send my Passport for Revalidation in US

3. When new employer filed for my H1B transfer they forget to file for my wife H4 extension with my papers
4. My wife H4 visa in her passport and her I-94 will expire February, 2003, she has also I-484 pending

What should I do? Should I file for her H4 extension? Can a person who has pending I-485 and working on H1b status file for spouse H4 extension even if she has EAD (not used)

Please help
Thanks in Advance
 
Ref: saathia

Yes. You can file for her H4 extension. I think while filling for H4, somewhere in the application their is a question asking you whether the petitioner has already filled for I485 and you will have to say YES.

But before filling for her H4 extension, talk to lawyer whether you will really need to do it as it cost lot of bucks, becasue I too am waiting for the same answer as I too have to file for my H1 and my wife's H4 extension as they are getting expired in couple of months from now and since I am planning to apply for I485/EAD/AP in a weeks time, I will wait to get a clear and satisfying answer for the experts and then I will make the decision of filling it or not.

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What should I do? Should I file for her H4 extension? Can a person who has pending I-485 and working on H1b status file for spouse H4 extension even if she has EAD (not used).
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Expired I -94

Friends ,

My I-94 is expired last month.I filed my 485 before expiration, now i have changed my Job filed another H1b my question is -
Is it possible to file EAD with expired I-94.

please help.

Help2
 
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