entered USA On HIB after filing I-485,I-94 expires

[sun0074]

My greecard was filed in November 2002 at vermont service center.I also had my H1B visa valid from October 2002 to October 2005.Last year,I traveled to India & enetered USA using my H1B visa rather then using Parole even though I had it.The Immigration officer gave me I-94 valid till Dec 2004 as my Indian passport was expiring on that date.I extended my passport & for getting my I-94 extended they ask me to go out of the country or file new H1B papers even though My visa is stamped to my old passport is valid till October 2005.I discussed the case regarding I-94 which is valid till December 2004 with an immigration officer at charlotte local office center of INS. They
said since my I-485 is pending based on employment ,so over staying in this
country is not a problem & in that case I will loose my H1B status but can
work on my EAD & can entry the country on Advanced Parole.I discussed the
matter in detail along with all documents that, I had travel India after
I-485 was filed & entered USA on H1B & not using my Parole.But, they said
it does not make any difference & the new law is flexible to H1B & L1 status
that if your I-485 is pending based on emplyoment then you can stay legal in
this country & work.But once the I-485 is filed I can matain the H1B status
but my wife has to use Parole to travel even if she has valid H4 status.
When I call to National customer service, or even my company HR says that I cannot stay in this country as I-94 controls your stay & you had enter the country on H1B visa so I-485 pending case cannot be an excuse.
I am in dilema...don't know what to do? I am getting contradictory
statement...will apperciate for your help

 

[AM4GC]

Formalities of stay in USA

Got VISA from Date X-Y. Board plane, Arrived USA, Got I-94 stamped upto Y although your passport may expire in Y-12 months.

I-94 stamping should not be governed by your passport expiry date.

You need stay to inside USA for Y+24 month or (n months) you need to get I-797 approved till Y+n . So no problem if your I-94 expried or not.

Now you file green card, got labor approved. I-140, I-485 applied. Got EAD,AP. You can use those to work, go outside USA... or use you H1 VISA to work, go outside USA.

If use EAD, AP, these are renewed every year.

This is true for H4 also.