I-485 and I-94

M

MN_Gal

Registered Users (C)
I am hearing different types of information regarding I-94 while waiting for AOS. Here is my story: I applied for I-485 in December 2001, still waiting to hear from Vermont. I travelled on Advanced Parole last September and when I entered the country the officer put an expiration date on my I-94: September 30, 2003. So, I am hoping, of course, that I'll get my GC before September. But I also want to know what happens if I don't. Do I need to leave and re-enter the country to get a new date on I-94 (as far as I know there is no way to extend I-94 while in the US). Has anyone been in a similar situation when I-94 is about to expire but there is still no GC in the pocket?

Thanks!!!
 
I know of people who have stayed beyond their I-94 expiration date, but they all have had approved H1s.

In my opinion, till your 485 is approved or rejected, you can continue to stay.
 
The H1B is not going to work for me because my H1B has expired in June 2002 and I never applied for an extension. I've been working using my EAD card.
 
Once you have filed I-485 and received the receipt notice, you are in a legal status authorized by the Attorney General until the INS/BCIS makes a decision on your case.
 
You can stay beyond the expiration of I-94. They don't care whether your I-94 was expired or not. All they see is whether you are in a valid status.


---This is not a legal openion
 
Take it easy. You are OK even if I 94 expires while 485 is pending. My I 94 expired in Aug 2002, filed 485 in Nov 2001 and still waiting. My lawyer says I 94 is out of picture as long as 485 is pending.
 
Thanks, guys! If something happens because of my I-94 and I'll get deported, I'll hold you all responsible :D
 
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