Expiring one-year Advance Parole I-94

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BitterMan

Registered Users (C)
Has anyone dealt with an expiring Advance Parole I-94? The word on the street says that Deferred Inspections in a local INS office may re-stamp the card with a new expiration date or put "Paroled Indefinitely" on it.

Yes, I know that an expiring Advance Parole I-94 may not present a problem, but at the same time there are no definite regulations from the INS beside the last year's October announcement (http://www.usvisanews.com/memo1898.html ). At this time they say it might be "OK", but I wonder should it change tomorrow...
 
I visited a local INS office with the same question.

I was advised to keep EAD valid (it overcomes I-94)

Today, I also checked the question with my lawyer office. They confirmed that I am fine (I have applied for extension of EAD and I am applying for extension of H1).
 
Originally posted by ADT
I visited a local INS office with the same question.

I was advised to keep EAD valid (it overcomes I-94)

Today, I also checked the question with my lawyer office. They confirmed that I am fine (I have applied for extension of EAD and I am applying for extension of H1).
Click to expand...

I am sorry, but I fail to see the relation between I-94 (legal status) and EAD or H-1B visa (permission to work).

I do have an EAD valid until next year, but my work authorization is still H-1B. Although last time I have entered the country on Advance Parole, H-1B still can be used if you work for the same company.
 
How come EAD is a replacement of I-94 and I don't think there is any relation between EAD and your status regarding I-94. This lawyers have full freedom to say any bullshit.
 
Vipsha

You are right. Lawers are getting paid for just doing that. I am sure that after going thru all these threads most of us here can give better and saner ideas than the BS given by these lawers. Now a days I am more fedup with these money suckers than the INS itself
 
ADT,

Thanks for the reference and pointer to the MurthyDotCom site.

Unfortunately, the thread you have provided a link to does not discuss the core issue with Advance Parole I-94 expiration. In my belief it could be different from the H-1B I-94 expiration in the normal course of AOS. Was there a reason they ceased issuing "Paroled Indefinitely" stamps? I'd like to think so.

As for MurthyDotCom site, they carry some information on the issue as well, but it is as current as on other sites. And what irritates me the most, they don't put any dates on their announcements and messages so you can not actually identify whether it is a new post or it is outdated by a couple of years...

Nevertheless, I'm off to LA Deferred Inspections next morning. As much as I hate to go there, it is worth a try. If they won't do anything about my expiring I-94, I shall probably consider switching to EAD instead of H-1B. Lucky me, I have received the EAD in April this year. But it is another major pain in the neck - I shall have to maintain it continuously, attempting to file in a timely matter and going to LA office again for Interim EAD, standing in the common line, yadda, yadda... Besides, it effectively voids my H-1B visa which is valid until some October 2004 and I won't be able to use it to bring somebody on H4 (on the other hand, it might be not a bad thing after all - follow-to-join nowadays is probably faster than AOS anyway).
 
My advance parole I-94 will expire in July, H1 will expire in October. In POE I was told that I have to visit the local INS before July if I-485 would not be approved.

The INS officer did not mention anything else except to apply for EAD (for extension - when he learned that I have EAD) and to apply for extension of H1.
 
ADT,

so you are still on your first H-1B? Cool:) I have filed for AOS not until I was on the second H-1B.

At the POE you were probably referred to the Deferred Inspections, too. Last time I have entered (in October last year) I was too tired to ask any questions, and also I was expecting to be approved in two months or so -- that was right before the freeze...

I shall post the adventure log here after I return from the LA office. Perhaps, somebody could benefit from it :)
 
Definitely something that we should register as an important thread once you have details about it. We can also ask Vipsha to incorporate it in the main FAQ section.

Good luck BitterMan
 
OK, here's the promised update.

Bad news, gentlemen. I have not been able to pass through watchdogs in room 1001. The IIO gal I was talking to was so dense, she could not understand what do I want from her (or from INS for that matter) for quite a while. She kept asking whether I want to extend my H-1B visa and I kept pressing that I want to extend my status (e.g. I-94) in Deferred Inspections. Showed her my expired Advance Parole document and finally she queried my A-file information. Discovering that my AOS is Employment-based, she refused to talk to me any longer and referred me to Laguna Niguel office. I wonder if they have managers out there, who actually know immigration laws and procedures? I should probably have asked for one.

Anyways, I have called my lawyer afterwards and explained the matter to him. He was not surprised, however, rather concerned. He has promised to do something about it by the end of this week. Apparently, dealing with Laguna Niguel is not on his todo list (which is not surprising - Laguna Niguel does not have any Deferred Inspections).
 
Extremely frustrating day to say the least. I just read on a different thread that there is a shortage of officers for 485 adjucation and hence the delay and now this, INS if filled with morons! How do you expect to get any work done in this kind of atmosphere. I am really worried about my 485 now! :(
 
Bitterman

Sorry hear about your experience. Is it really important to keep the I94 valid inspite of having a valid EAD? What does your lawer say about this? Whether he also insists for a deferred date on the I-94/AP.

Regards
 
You see, having an I-94 with an expiration date during AOS is a kind of nonsense. And seeing this nonsense makes me quite worried. I just can't comprehend it.

As for my lawyer... well... I do not trust him 100% and prefer to do my own homework before I approach him with a question. So, when I approached him a couple of months ago with a question what to do with the expiring I-94, he has agreed that keeping it current is a good idea despite AOS pending and advised to go to Deferred Inspections (which I already kind of knew, but loathed the idea anyway). All the time since then I desperately waited if any new information surfaces on what to do in such situations. But alas, INS waters are stagnant.
 
I went today to the LA Downtown INS Office in the last attempt to do something about it. This time, I had a lawyer with me.

I could not get to the bottom of the problem and as deeper I've got, the more confusion I have seen on the INS Officer's faces. I've been to Deferred Inspections and Advance Parole Unit. Neither of them does know why the I-94 is stamped with a date, which allegedly is a status expiration date. Both of them said that while AOS is pending, I'd be just fine.

I'm just tired.
 
Sorry, I have a rather stupid question.
BM, did you not apply for AP renewal?

My I94 (H1B) is expired too in Dec, 02 and my last entry to USA was on AP. I have filed for my AP renewal and got it approved after my 1st AP has expired.

My first AP expired on 4/5/2003 and my second AP is valid from 4/23/2003 to 4/23/2004.

Do I not have a legal status between 4/5/2003 to 4/23/2003 ?
 
Why, yes I have filed for a renewal. It's been in the pipeline since March 20th. It will take another month to approve it, I suppose. In fact, if I had the new AP right now, I would drive to Tijuana and re-enter the States to get a new I-94 (with a new expiration date, because this would be the new AP).

As to answer your question, AP on its own does not convey any status on you. It is an entry document, just like your H-1B visa. What establishes a status, though, is your I-94.

Technically, a pending AOS application protects the beneficiary from falling out of status. And, again, technically, I-94 which was obtained through AP entrance, should not have any expiration date on it. And since it has an expiration date, it implies that the status extends only to that exact date. Which effectively contradicts with the AOS pending statement. Arrrggggh...
 
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