complex issue on H-1, AP and I-94, please help

A

AprilS

Registered Users (C)
(1) My first 3-year H1 will expire on Dec 07.
(2) My husband and I filed I-485 with on Aug 06 and have been pending since then. My husband is the main applicant.
(3) I used AP (expiration Aug 07) to enter the US on Jan 07. At the border, my I-94 was stamped: Paroled until Apr 15, 2007.
(4) I still worked for the same company after I used AP.

Now I want to extend my H1. I know that even if I used AP, as long as I still work for the same company, my H1 is valid and I should be able to extend the H1. The problem is that my I-94 is expired. The company lawyer seems to think that since my I-94 expired, my non-immigration status (H1) expires. Thus I could not extend my H1.

In conclusion, as my EAD card is going to expire in one month and I haven't filed for extension yet, I'll have to stop working. Is it correct? Any advices would be greatly appreciated.

Thanks for reading.
 
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You cannot work without a valid EAD, which would mean you cannot be on the pay roll from the time your EAD expires. You can talk to your employer and see if they have any suggestions.

I do not know much on why your lawyer did not extend your H1. Other forum members may be able to shed more light on that.
 
Thanks for your reply. Do you think I'm on H1 *now*? In theory, my H1 is valid until Dec 07.
 
AprilS said:
(1) My first 3-year H1 will expire on Dec 07.
(2) My husband and I filed I-485 with on Aug 06 and have been pending since then. My husband is the main applicant.
(3) I used AP (expiration Aug 07) to enter the US on Jan 07. At the border, my I-94 was stamped: Paroled until Apr 15, 2007.
(4) I still worked for the same company after I used AP.

Now I want to extend my H1. I know that even if I used AP, as long as I still work for the same company, my H1 is valid and I should be able to extend the H1. The problem is that my I-94 is expired. The company lawyer seems to think that since my I-94 expired, my non-immigration status (H1) expires. Thus I could not extend my H1.

Thanks for reading.
Click to expand...


I do not know the answer, but would also be interested to know if anybody can answer. Also check this thread http://boards.immigrationportal.com/showthread.php?t=255193 One poster was talking about filing an amendment before I-94 expires. But the poster has not come back to elabrate what and how to do that. Good luck.
 
Hi AprilS,
As I understand it, you can continune to work with same employer using the H1-B work authorization even if you entered on AP.

However, the validity of that work is only till the expiry of the I-94 date given at the port of entry, irrespective of the end date on the original H1-B I-94.

So, your H1-B extension, renewal, reinstatement of H1-B, etc. should have been filed prior to the expiry of AP I-94 else you are out of status.
 
Update

Below is an excerpt from the response my immigration lawyer sent. Since many of you have similar concerns, I think it's helpful to post it:

Due to the policy change implemented by the US Customs and Border Protection on or around 2005 in ‘expiration date’ on the I-94s of foreign nationals arriving under advance parole from ‘indefinite’ to date-certain, Ms. *** was issued an April 14, 2007 expiration date on her I-94 card. This policy change has understandably served as a cause for concern for most foreign nationals and immigration practitioners resulting in a need to repeatedly extend parole I-94 forms. In response to the concern, both CBP and CIS has confirmed that from their point of view, the expiration of such an I-94 is irrelevant and has no effect on eligibility for adjustment of status, that it provides no authorization to remain in the US after the purpose of the parole is completed, and that no unlawful status accrues solely because of the expiration of the I-94. Moreover, for foreign nationals that have an underlying valid nonimmigrant status, such as H-1b or H-4 status, mere entry under advance parole does not serve to invalidate the underlying valid nonimmigrant status. As such, for purposes of extending the underlying H-1b or H-4 status, the valid H-1b I-94 card would suffice for purposes of the extension.
 
Thanks for the update .

I am confused, the latest response from your lawyer suggest that the expired I-94 did not affect your H1B status.

But didn't this same lawyer tell you the since your I-94 expired, the non-immigration status (H1) expired.


Are you planing to file for H1B extension or work on EAD ?
 
Best solution is to use autorevalidation by visiting Canada or Maxico and show your approved H1 petition, that way you would be entered on H1 and file your extension. That way your issues would be solved.
 
eb278 said:
But didn't this same lawyer tell you the since your I-94 expired, the non-immigration status (H1) expired.
Click to expand...

Considering that parolee isn't even a non-immigrant status, my money is on the lawyer being confuse and making stuff up as he goes along.

Tell the lawyer to file the H-1 extension and see what USCIS thinks. When it's approved, it will have an I-94 at the bottom right, or it won't. If it does, all is good. If not, then you go to Canada and re-enter.
 
Sorry for the confusion. My husband is the primary applicant of GC, so our immigration lawyer is the lawyer of his company. The one who is giving me troubles is the lawyer of my company.

I'll extend my H1 as long as our company lawyer allows. I don't have EAD anyway.

eb278 said:
Thanks for the update .

I am confused, the latest response from your lawyer suggest that the expired I-94 did not affect your H1B status.

But didn't this same lawyer tell you the since your I-94 expired, the non-immigration status (H1) expired.


Are you planing to file for H1B extension or work on EAD ?
Click to expand...
 
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