Gurus pl reply...How do they count overstay ?

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Needyperson8

New Member
My I 94 expired on July 1, 04, but I have vaild EAD / AP & pending I140 & I485.

In case eventually either I140 or I485 is denied, how will the nbr of days overstay would be counted ? Will they count from expiry of I94 ie from July 1st, 04 OR will they coount them from the denial date of I140/I485.

Need some definite & confirmed advise.. No guesses please !
 
Are you working on EAD right now??
They will count the number of days from the denial of I-140/I-485. But you will have about 30 days to reappeal in either case and you will be back on status.
Why didn't you get a new I-94?

HTH
 
guys,
i am in the same situation.
my I94 will be expiring on sep1st. and i am not applying for the
7th year extension. my ead and ap are approved.
how do i apply for the new I94 ?
with h1 extension, i know that they send me the new I94.
but with the EAD card, they didn't send anything else.
thanks in advance,
fellow gcSeeker
 
You do not get an I-94 like you did for an H-1B with AOS. You travel using advanced parol and work using EAD if you are not applying to extend H-1B..
 
Needyperson8 said:
My I 94 expired on July 1, 04, but I have vaild EAD / AP & pending I140 & I485.

In case eventually either I140 or I485 is denied, how will the nbr of days overstay would be counted ? Will they count from expiry of I94 ie from July 1st, 04 OR will they coount them from the denial date of I140/I485.

Need some definite & confirmed advise.. No guesses please !
Click to expand...

If you are using EAD for work, your day of illegal status starts from day of I-485 denial. But if you appeal, you are in status, untill a result of the appeal.

But I heard from this forum, there are experiences of difficulty in renewing EAD. But lawfully (as stated in law books), you should not.
 
let us say, if i140 gets rejected. i assume that your day of illegal stay starts then. but if i appeal or reapply i140 again, it should be in good state unless it is rejected again.

is that right ?

thanks,
fellow gcSeeker
 
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