Expired I-94, Valid H1, Pending I485. Am I legal?

sathishkumar6

New Member
I have a valid H1B visa till Nov 2010. I also have a pending I-485. But, my I-94 is expired. My attorney says that I am indeed in legal status on H1B though my I-94 expired as I had a pending I-485. I do trust my attorney, but I wanted to verify from some other different sources.

THanks very much.
 
If your I-94 is expired you would be under lawful status because of pending I-485 as AOS (Adjustment of Status) applicant/parolee
 
I have a valid H1B visa till Nov 2010. I also have a pending I-485. But, my I-94 is expired. My attorney says that I am indeed in legal status on H1B though my I-94 expired as I had a pending I-485. I do trust my attorney, but I wanted to verify from some other different sources.

THanks very much.

your attorney is wrong. You are not on H1 status if I-94 is expired. You are on AOS pending status if your I-485 is Pending and for work you need Valid EAD.
 
Hi.. Thanks for your quick reply. My I-485 Mailing date is 17-Aug-2007. I went to India after that and on coming back at the port of entry, the officer stamped the I-94 card to my passport expiry date (July 2008). I did not notice that and realized only later that my I=94 card is expired. I spoke to an attorney and she said that since I have a valid EAD, Pending I-485, I im legal here. I am kind of a tricky situation because my wife went to India and her AP is expired. I am just wondering if she will have any problems coming back. If my status is EAD, then I think my wife cannot enter US as she has no current AP. But my attorney says that I can go out of country and come on H1B visa. (She advised me to have a copy of AP at the port of entry just in case). Can you please let me know of it is correct. If not, then I'll apply for a new H1B and bring her on H4.

Thanks for your help.
 
Hi.. Thanks for your quick reply. My I-485 Mailing date is 17-Aug-2007.
I went to India after that and on coming back at the port of entry, the officer stamped the I-94 card to my passport expiry date (July 2008).
--------Till what date your was your Visa validity in passport? if you got new passport you cound have gone to Canada or Mexico and at entry you could have got new I-94 till visa validity Or Could have got I-94 from CBP Deferred inspection or could have filed for I-94 correction with USCIS.
I did not notice that and realized only later that my I=94 card is expired.
----- What is your Visa stamp validy? do you have new Passport Copy? till what date is new Passport valid. Do you have Valid AP?
I spoke to an attorney and she said that since I have a valid EAD, Pending I-485, I im legal here.
------Yes you are Legal on US Pending AOS status and need EAD to work as you are NOT on H1 status

I am kind of a tricky situation because my wife went to India and her AP is expired.
-------How she is going to enter US if her AP is expired? you dont have H1 status and she cant get H4 visa stamp.

I am just wondering if she will have any problems coming back.
------------------------------------------Yes. to enter US she need Valid AP or H4 visa
If my status is EAD, then I think my wife cannot enter US as she has no current AP.
--- EAD is NOT status, EAD is for work. you are Pending AOS status.
But my attorney says that I can go out of country and come on H1B visa. (She advised me to have a copy of AP at the port of entry just in case).
-------------------if you have Valid H1B visa stamp then go out of US and when enter you will get I-94 till Visa validity. Keep valid AP with you so that if any problem then only enter with AP( at POE just show the Visa stamp) if you show AP they will admit you on AP if they crate problems for entry on H1 then only show AP. if H1 Visa is in Expired passport then keep both the passports Stapled.
Can you please let me know of it is correct. If not, then I'll apply for a new H1B and bring her on H4.
------if they admit you on H1 then your wife can get H4 visa stamp
Thanks for your help.
----------------
 
My H1 and my wife's H4 are valid till Nov 2010. When I entered US, the officer stamped the I-94 to my passport expiry date (July 2008). I applied for my new passport after I came and forgot to realize about my I-94 validity date. I contacted an attorney and they said that I am in legal status since I had pending 485. I have contacted 3 attorneys and they all say that I can come back on H1 visa as I am working for the same employer. One even suggested me to go to local CBP office and get I-94 corrected. This is what I am going to do:

- Get I-94 corrected at local CBP office.
- Go to India and come back on H1. If I encounter any problems, I'll use my AP.
- If I cannot come back on H1 and used AP, then I'll apply for H1 (premium processing), and then bring my wife here.

Please advise me about the plan. Thanks very much.
 
My H1 and my wife's H4 are valid till Nov 2010. When I entered US, the officer stamped the I-94 to my passport expiry date (July 2008). I applied for my new passport after I came and forgot to realize about my I-94 validity date.
I contacted an attorney and they said that I am in legal status since I had pending 485.
------------------ you are on AOS pending status and NOT on H1 status as your I-94 is expired. for work you need EAD
I have contacted 3 attorneys and they all say that I can come back on H1 visa as I am working for the same employer.
---------You CAN enter again on H1 status and can get I-94 till Nov 2010.
One even suggested me to go to local CBP office and get I-94 corrected.
----------------------go to CBP Deferred Inspection and explain the situation they may give you new I-94
This is what I am going to do:

- Get I-94 corrected at local CBP office.

----------------------Find the CBP link , with phone numbers and time. Take both passports with you
http://www.cbp.gov/linkhandler/cgov...ction_sites.ctt/deferred_inspection_sites.pdf

- Go to India and come back on H1. If I encounter any problems, I'll use my AP.
-------you can do that. if staying near to Canada border then also you can get new I-94 when enter US then your wife CAN enter on H4 as you will be on H1 as you will have H1 based I-94
- If I cannot come back on H1 and used AP, then I'll apply for H1 (premium processing), and then bring my wife here.
------------------------------ can do that
Please advise me about the plan. Thanks very much.
--------Good Luck!! and update us
 
I have contacted 3 attorneys and they all say that I can come back on H1 visa as I am working for the same employer.
---------You CAN enter again on H1 status and can get I-94 till Nov 2010.

Do I need to apply for a new H1 or can I enter on my current H1. I asked this question in one forum and this is what the attorney says. I am little confused because the attorney says H1B status expired. that does not mean my H1 expired.. right? Can you please let me know. I really appreciate all your help in clarifying my doubts. This is the final doubt I have. thanks again..

My Question:
I have a valid H1B visa till Nov 2010. I also have a pending I-485. But, my I-94 is expired. My attorney says that I am indeed in legal status on H1B though my I-94 expired as I had a pending I-485. I do trust my attorney, but I wanted to verify from some other different sources.

Attorney's Answer:
If your H-1B I-94 has expired I would not consider that you are in H-1B status. You may be able to stay in the US because you have a 485 pending. You may also be able to work if you have an EAD. However, if your H-1B status expired because the most recent I-94 expired, then you are not in H-1B status.
 


Do I need to apply for a new H1 or can I enter on my current H1. I asked this question in one forum and this is what the attorney says. I am little confused because the attorney says H1B status expired. that does not mean my H1 expired.. right? Can you please let me know. I really appreciate all your help in clarifying my doubts. This is the final doubt I have. thanks again..

My Question:
I have a valid H1B visa till Nov 2010. I also have a pending I-485. But, my I-94 is expired. My attorney says that I am indeed in legal status on H1B though my I-94 expired as I had a pending I-485. I do trust my attorney, but I wanted to verify from some other different sources.

Attorney's Answer:
If your H-1B I-94 has expired I would not consider that you are in H-1B status. You may be able to stay in the US because you have a 485 pending. You may also be able to work if you have an EAD. However, if your H-1B status expired because the most recent I-94 expired, then you are not in H-1B status.

Attorney's Answer:
If your H-1B I-94 has expired I would not consider that you are in H-1B status. You may be able to stay in the US because you have a 485 pending. You may also be able to work if you have an EAD. However, if your H-1B status expired because the most recent I-94 expired, then you are not in H-1B status.
-----Attorney is correct. but if you have H1B approval notice till Nov 2010 and you have valid H1 visa stamp till Nov 2010 then you CAN enter again on H1 status and can get I-94 valid till Nov 2010 and you will be on H1 status.
 
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