I applied for my I-485 on 11/00.My H1 valid till 2003. I went out of US and came back on 3/01 and agian on 7/01 both time INS officer gave me a 1-94 based on the expiration date of the Visa stamp on my passport which was 10/22/01. I told my lawyer about my situation and she said that I am fine since I already applied for the 485 and my status is H1 / Adjustment applicant and also my H1 is valid till 2003. But I asked her to apply for my EAD any way. She applied for the EAD RD 9/4/01 and ND 9/22/01. But the EAD got approved on 12/01.Was it problem. Then I received a RFE that I document that I was present in the US with out break in the status
- Home
- Forums
- Immigrant Visas (Green Cards)
- I-485 Issues
- I-485 Issues Common to All Services Centers
- General I-485 and Related Issues
You are using an out of date browser. It may not display this or other websites correctly.
You should upgrade or use an alternative browser.
You should upgrade or use an alternative browser.
Gking And others , What is your thought
- Thread starter rfe
- Start date
No Title
Thanks GKing
Gking My I-94 is expired but the Pitition for my H1 is valid till 2003. Is not the I-94 only tells you how long you can stay. If I can saty after the I-94 expiry because of I am applicant of AOS. then I sould be able to work on that H1 pitition.
I applied for the EAD 2 months before the i-94 expirations date (10/22/01). My EAD got approved on 12/18/01 . I worked between the period of 10/23/01 to 12/16/01. I also have the a I-94 that came with the HI valid till 2003.
My question is did I violate the law by working in that period? My lawyer thinks that I did not.
I Also asked one other lawyer about the situation. I told him If a apply for the EAD before the 10.23/01 and get receipt then would I be OK. He said I would be fine. The lawyer was Dale at Atlanta.
The following is the reply I got from my lawyer
"
An INS officer can correct this at a port of entry. The previous officer should have issued the I-94 valid until 2003. You are an applicant for adjustment of status, and the fact that they are given you "status" as an applicant. You are lawfully present in the U.S. with an approved H-1B petition valid until 2003. I think you should wait until the INS makes it decision on your adjustment application, which should be pretty soon, and then you will have your passport stamped as a permanent resident. If you wish, I will contact a
border near you and speak to an INS officer about your I-94 card. Do you want me to do that? "
Thanks GKing
Gking My I-94 is expired but the Pitition for my H1 is valid till 2003. Is not the I-94 only tells you how long you can stay. If I can saty after the I-94 expiry because of I am applicant of AOS. then I sould be able to work on that H1 pitition.
I applied for the EAD 2 months before the i-94 expirations date (10/22/01). My EAD got approved on 12/18/01 . I worked between the period of 10/23/01 to 12/16/01. I also have the a I-94 that came with the HI valid till 2003.
My question is did I violate the law by working in that period? My lawyer thinks that I did not.
I Also asked one other lawyer about the situation. I told him If a apply for the EAD before the 10.23/01 and get receipt then would I be OK. He said I would be fine. The lawyer was Dale at Atlanta.
The following is the reply I got from my lawyer
"
An INS officer can correct this at a port of entry. The previous officer should have issued the I-94 valid until 2003. You are an applicant for adjustment of status, and the fact that they are given you "status" as an applicant. You are lawfully present in the U.S. with an approved H-1B petition valid until 2003. I think you should wait until the INS makes it decision on your adjustment application, which should be pretty soon, and then you will have your passport stamped as a permanent resident. If you wish, I will contact a
border near you and speak to an INS officer about your I-94 card. Do you want me to do that? "
samy subramanian
Registered Users (C)
Here is an another way to look at it
From ur discussion, I hear that I-94(white slip) governs the period of stay.
I think the i-94 in the h1-b visa is the one that governs. For example one enter US on 06/1990 with h1-b visa that has the exiration date on i-94 as 03/1992. If he decides to stay after 03/1992. So, he applies for an extension or h1-b tranfer with an another company on 01/1992. He got a h-1b petition that is valid until 04/1994. He leaves US for a month on 05/1993 and reenters and got his new i-94(white). He has not violated anything with that.
If this is true, How come the orginal question in this thread violated the law.
Any thoughts
From ur discussion, I hear that I-94(white slip) governs the period of stay.
I think the i-94 in the h1-b visa is the one that governs. For example one enter US on 06/1990 with h1-b visa that has the exiration date on i-94 as 03/1992. If he decides to stay after 03/1992. So, he applies for an extension or h1-b tranfer with an another company on 01/1992. He got a h-1b petition that is valid until 04/1994. He leaves US for a month on 05/1993 and reenters and got his new i-94(white). He has not violated anything with that.
If this is true, How come the orginal question in this thread violated the law.
Any thoughts
GKing ! Can you please read this !?!?!?
I think I have a problem with this I-94 thing.
I came to USA 4 years back and that I-94 expired with that H1-B. My company applied for the extension before the expiration of the H1-B. That means I was never out-of-status( I am cool with this).
The problem: The latest H1-B approval does NOT has the I-94 number printed on. I sent the latest H1-B & Passport to the Ambassy for VISA revalidation and they stamped the passport with VISA which expires in JUL-2003. Now I am planning to go to India on a visit. While leaving this country I need to give the OLD I-94 to the officer at the airport and that would NOT be a problem ( I think). But while coming back from India, if they ask for H1-B approval document, I may be ( thinking as aftermath situation) in trouble ( do you think so..??). Do they see may stamped VISA OR the for the I-94 number on the H1-B document?. I spoke to INS officer ( thru 1 800 number) and she said that it should not be a problem ( I am not sure whether she understood the issue). My lawyer also told me that it wouldNOT be a problem.
Request: Can you please through some light on it??.
I think I have a problem with this I-94 thing.
I came to USA 4 years back and that I-94 expired with that H1-B. My company applied for the extension before the expiration of the H1-B. That means I was never out-of-status( I am cool with this).
The problem: The latest H1-B approval does NOT has the I-94 number printed on. I sent the latest H1-B & Passport to the Ambassy for VISA revalidation and they stamped the passport with VISA which expires in JUL-2003. Now I am planning to go to India on a visit. While leaving this country I need to give the OLD I-94 to the officer at the airport and that would NOT be a problem ( I think). But while coming back from India, if they ask for H1-B approval document, I may be ( thinking as aftermath situation) in trouble ( do you think so..??). Do they see may stamped VISA OR the for the I-94 number on the H1-B document?. I spoke to INS officer ( thru 1 800 number) and she said that it should not be a problem ( I am not sure whether she understood the issue). My lawyer also told me that it wouldNOT be a problem.
Request: Can you please through some light on it??.
No Title
Hi Gking
You mentioned that I can go to the Atlanta Airport and correct the I-94. Actually I live in Tampa, FL. I went to the Local INS office and they did not correct it. I found a lawyer in Atlanta. His name is Charles Kuck. He said that he could correct the problem from the loacal Atlanta INS office. He asked me to just send my passport and the original H1 approval notice.
What you think about it.
Thanks for all your help.
Hi Gking
You mentioned that I can go to the Atlanta Airport and correct the I-94. Actually I live in Tampa, FL. I went to the Local INS office and they did not correct it. I found a lawyer in Atlanta. His name is Charles Kuck. He said that he could correct the problem from the loacal Atlanta INS office. He asked me to just send my passport and the original H1 approval notice.
What you think about it.
Thanks for all your help.