help please

T

tonic

Registered Users (C)
my wife entered the US on H-4 visa, and her I-94 experies in 10/2002 which was given because her
passport expires in 04/2003. we now both hold
EAD and Advance Parole. does she need to renew
her I-94 after the passport gets renewed/extended?
is I-94 the only document that shows how long
you can stay in the US?
thanks a lot.
 
My guess is Yes

I think you may have to renew I-94 when you renew your wife's PP for the simple reason that "if you read present I-94, it says valid for the duration of stay until blah Blah........"
Also when you travel out of the US, your I-94 is surrendered and you get new I94 when you come back even if you Previous card was valid.
So I guess you may have to reapply using INS form.
Since this is a good and important issue must speak to your attorney and not ignore.
 
The I-94 is NOT based on when the passport expires but rather on the end-date shown in the H4 approval notice. If her H4 expires on 10/2002 and that she has an EAD, she would then be under "AOS Pending" status ie she can stay here till a decision is made on the 485 application. But to be safe, you may also want to renew the I-94 by filing I-539.
 
I was in a similar situation

There is no clear rule which states that I-94 should be issued for the validity of the passport or for the H1/H4 duration.
The officer at POE had given me a I-94 until the validity of my passport. After I got the passport renewed I went to the regional INS office and had my I-94 extended until the H1 duration.
Other option's which were suggested by my lawyer were applying for a H1 extention that would include an I-94 or travelling outside the country and getting a new I-94 when comming back.
As upstate_ny mentioned - once you have EAD you no longer have to worry about i-94 date's.
 
Re: I was in a similar situation

Originally posted by Jibran
As upstate_ny mentioned - once you have EAD you no longer have to worry about i-94 date's.
Click to expand...

Not quite. Once you file the I-485 you no longer have to worry about the date on your I-94. The EAD provides work authorisation, nothing more.
 
I-94

I-94 does not need to be renewed. Even if you applied, it will be rejected as it is valid upto the duration of your visa.
I-94 may be valid (i mean at the discretion of the officer at POE) after PP expiry (happened in my case)
You do not need I94 as you have EAD & AP (to travel back)
If you want to renew H4 (as a back up option ... refer my earlier postings on this), you will automatically get an extented I-94 with the extension.
 
I think, no need to renew I-94.
My wife traveled with AP last year. She got new I94. It doesn't matter. She is in AOS status according my lawyer.

If your wife wants to travel, you need to renew AP. No need to renew EAD. ( if she is not working).

Don't waste money. She will be in AOS status.
 
You dont have to renew I-94, once you apply for 485 you can legally stay here till a decision is made. My wife's and my I-94 expired on Nov, 2001 , we got out EAD on Oct 2001, and we stamped our passport on Sep 2002.


fizk
 
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