Does AOS supersede I-94 status

E

empee

Registered Users (C)
Need some help to understand maintaining valid status. I have a H1B approval notice valid until 2012 and also an AP. I will be travelling out of the country and will submit my existing I-94 along with the one that came with my H1 notice, before I leave. I do not plan to go for H1 stamping (though I have a clear case I do not want to risk being held back given its been a hit or miss these days with all the 221g cases). If I re-enter US with my AP, I get a 1 year I-94 until mid 2010. I will also continue to work on my H1B and not on EAD (I have researched exhaustively and concluded that AP re-entry does not invalidate H1 status). Now my question is, what happens when my I-94 (with parolee status) expire in 2010. Do I have to,

a) Leave and re-enter US?
b) Switch to EAD? (not sure how this helps but some say that it will put me in AOS status and that would mean I do not have to worry about I-94 expiry)
c) Renew AP? (not sure if this is true either, but some say, renewing your AP will keep you in status)
d) do anything else???

Please help
 
empee said:
Need some help to understand maintaining valid status. I have a H1B approval notice valid until 2012 and also an AP. I will be travelling out of the country and will submit my existing I-94 along with the one that came with my H1 notice, before I leave. I do not plan to go for H1 stamping (though I have a clear case I do not want to risk being held back given its been a hit or miss these days with all the 221g cases). If I re-enter US with my AP, I get a 1 year I-94 until mid 2010. I will also continue to work on my H1B and not on EAD (I have researched exhaustively and concluded that AP re-entry does not invalidate H1 status).

Now my question is, what happens when my I-94 (with parolee status) expire in 2010. Do I have to,
---------------nothing, you will be on AOS pending status.
a) Leave and re-enter US?
---------------not needed it will be same as you will use Valid AP.
b) Switch to EAD? (not sure how this helps but some say that it will put me in AOS status and that would mean I do not have to worry about I-94 expiry)
----------------------Use EAD.
c) Renew AP? (not sure if this is true either, but some say, renewing your AP will keep you in status)
-------------------you need Approved AP if you go out to Enter US.
d) do anything else???

------------------------I will apply for H1 visa stamp and IF any problem then use AP to enter US.
Please help
Click to expand...
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Now I am confused

Ginnu. Thanks for the reply but I probably did not phrase my question right. I was asking for which of the above do I need to do but you kinda answered it like what is the value of doing each of those. Here is a better way to re-organize my question

-I hold a H1 petition valid till 2012
-I have an EAD valid till 2010
-My current H1 Visa stamped on my passport has expired
-I re-enter US with an AP
-I-94 is stamped for 1 year
-I continue to work on my H1 (as the petition is valid till 2012)
-After my I-94 expires I do nothing as I am technically in AOS
-I keep renewing my APs for subsequent travels
-I exit and re-enter multiple times with AP but use H1 to work until 2012
-At 2012 (if I still do not get my GC by then :mad:) I switch to EAD

Am I doing good in maintaining my status :confused:

Also your last suggestion was to attempt for H1 stamping and if it misfires then re-enter with AP. My understanding is that in most 221g cases, they take away your passport which would prohibit you from leaving the country. Is that right?
 
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