Expired I-94 and using EAD

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withoutgc

Registered Users (C)
My husband\'s White I-94 Card in the Passport expired on June 30th 2001. At that time we were advised that since the I-94 on his approved H1{approval date in March 2001} was valid until June of 2003, he did not require to go out of the country for stamping and to obtain a new I-94.
Now, he wishes to use his EAD Card, we got it in October 2001. Will the expired I-94 on his passport pose problems for him, since I have read that if your I-94 has expired for more than 6 months, a person can be barred from entry for a minimum of 3 years. Does this mean he has to leave the country prior to Dec 30th and re-enter based on his Advance Parole and EAD, since the I-94 on his approved H1 is not valid as he has plans to quit the job immediatly.
 
No Title

Let me get this straight before throwing my arm chair sugggestions. Your spouse is in H1 and so has a valid I94 (until he quits , say) right? The I94 that came along with the H1 approval notice? Now he wants to use the EAD . right?
NO need to renew I94. But for travel he has to start using AP. If while going out of US , he is challenged for his expired I-94, he can show the AP. If you have not applied for AP do it immediately (i131)
 
485 statusq

A little basic: As soon as you file 485, you are considered \'adjustee\' until the decision on 485 is made. As an \'adjustee\' you are considered \'in status\' as long as the decision is pending and therafter depending upon the decisoin of 485.

Now, you have mentioned that the H-1 apporval has I-94 valid till March 2003. In this case, the I-94 in the passpost does not matter as it is substituted by the new I-94. (the difference is it is just not attached to the passport!) So regardless of your 485 application, in your case, you, well, your husband, is in status until July 2003 as per the I-94. There is no need to travel and get the passport stamped unless you actually want to visit abroad and get back to US.

Using EAD with the I-94 in the passport will not pose any problem as your (latest) I-94 is not expired and since you have already applied 485 (see the basic above). However, as mentioned above, if need to travel abroad, you must have AP before you leave since you are using EAD for work. You may as well use your new I-94 to re-enter IF YOU ARE USING H-1 for the job (and EAD is not used).

Also, note that if you are on H-1, have applied 485, have EAD and AP, travel abroad, and get back to US using EAD (instead of H-1), you will lose the H-1 status and you need to use EAD to continue the job. In case, you had AP, but did not get EAD, and re-enter US using AP, YOU CAN NOT WORK UNTIL EAD is received as the H-1 is no longer valid.

Hope this clarification will help you amd many others,
 
Some more details....

My husband is quitting as of today, so he is effectively in EAD Status as of 6th December. We already have our AP approved, my concern lies in the fact that his I-94 on the passport has expired, and his I-94 on the latest job will not be valid from tomorrow since he is not holding the job.
Is it illegal for him to stay on, or should he travel abroad and get back in so as to get a new I-94? Thanks so much for all your help.
 
basics

Again, pl. try to read the earlier post without a preconceived mind. Here is a little more basic for clarification:

I-94 card is given because your entry to US is temporary. It was not assumed that you are going to be permanent resident at that time. I-94 date was given so that you and the INS know when you should leave the country. Now that you have filed 485, you have shown that you want to live in the US permanently. So, now it is upto INS to decide (485 apporval) if it is ok to do so. In the meantime, you can stay in the US. Since you applied for GC (485) and used EAD, you are in a different category. You are \'in status\' regardless of I-94. it is not illegal. Please, please, please forget I-94 and its date. As long as the 485 is not adjudicated, you can stay in the US and work using EAD irrespective of the I-94 dates. If you leave the US and come back using AP, the I-94 will be stamped as \'ADJUSTEE\' instead of any date, because nobody knows when your case will be adjudicated. Till then, you can stay and work.

Bottomline: There is no meaning of the I-94 dates for you, there is no need to go out of the country for the new stamp. Just work using EAD, and hope that 485 will be apporved!
 
Hat\'s off SRJ007-that is james(007)

hi withoutgc

what ever SRJ007 explained was very explicit and FUI i am in the same boat as u are but just filed my 485,dont panic and stick to basics.

excell..... job SRJ007 real bond.

sa485gc
 
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