mango_pickle
Registered Users (C)
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Expiring one-year Advance Parole I-94
- Thread starter BitterMan
- Start date
My 2c on this topic...
Some one in BCIS that makes policies decided that there must be some expiry date on all I-94s (they don't want to give open ended I-94s as they use to do before this policy change). While making this decision probably that person thought that people will get APs when AOS is pending for the period of one year and as AOS suppose to take app. 6 months only this policy won't become a problem as one would get GC approval by the time AP/I-94 expires! Now in changed circumstance no one knows what it means.
I think I-94 date doesn't matter in this kind of case! Here is why I think so:
- Let's say some one was on H1 and has a valid I-94 based on H1 and filed for AOS.
- In the mean time before H1 expired the person got EAD and started working using EAD.
- After some time H1/I-94 expired (never travelled in the mean time), even then the person is still in status because his/her AOS is still pending, is eligible to work because has a valid EAD even though I-94 is expired.
- A person came back using AP but later on I-94 expired but has a valid H1/EAD to work is also in same situation!
Probably the person decided to change the policy from stamping I-94s from "open ended" to "some date" probably thought about this but didn't bother to explicitly mention it in any clarifications and left it to immigration professionals on whom we depend on for interpretation/explanation.
- PCee
Some one in BCIS that makes policies decided that there must be some expiry date on all I-94s (they don't want to give open ended I-94s as they use to do before this policy change). While making this decision probably that person thought that people will get APs when AOS is pending for the period of one year and as AOS suppose to take app. 6 months only this policy won't become a problem as one would get GC approval by the time AP/I-94 expires! Now in changed circumstance no one knows what it means.
I think I-94 date doesn't matter in this kind of case! Here is why I think so:
- Let's say some one was on H1 and has a valid I-94 based on H1 and filed for AOS.
- In the mean time before H1 expired the person got EAD and started working using EAD.
- After some time H1/I-94 expired (never travelled in the mean time), even then the person is still in status because his/her AOS is still pending, is eligible to work because has a valid EAD even though I-94 is expired.
- A person came back using AP but later on I-94 expired but has a valid H1/EAD to work is also in same situation!
Probably the person decided to change the policy from stamping I-94s from "open ended" to "some date" probably thought about this but didn't bother to explicitly mention it in any clarifications and left it to immigration professionals on whom we depend on for interpretation/explanation.
- PCee
Last edited by a moderator:
Thanks, PCee, for sharing your thoughts.
Despite the negativeness of the result I've got today, it is still a result and was worth a honest try. At least, other people who are reading this thread would not bother going down to their local INS office demanding an AP/I-94 extension.
Perhaps, I'm worrying too much about nothing, and trying too hard to comply with ludicrous regulations.
Despite the negativeness of the result I've got today, it is still a result and was worth a honest try. At least, other people who are reading this thread would not bother going down to their local INS office demanding an AP/I-94 extension.
Perhaps, I'm worrying too much about nothing, and trying too hard to comply with ludicrous regulations.
junior_member
Registered Users (C)
140 you are right
I think INS needs to hire some H1B consultants to get the work done faster.... or may be they have to send this project to offshore... either way it proves good for us..
I am trying to bring all the good threads and throw bad ones behind.
I think INS needs to hire some H1B consultants to get the work done faster.... or may be they have to send this project to offshore... either way it proves good for us..
I am trying to bring all the good threads and throw bad ones behind.