I-485 (AOS) - Wrong I-94 Stamp at POE for spouse

vittuk

New Member
Background - We (me & my wife) are in AOS and I am the primary applicant. We received our first EAD/AP last March.

We went to India last december. I came back couple of weeks later, used EAD/AP to re-enter US as I did not have valid H1 stamp on my passport. I received 'Paroled' stamp on my I-94. This January my wife returned from India and even though she showed the immigration officer her valid EAD/AP, he gave her the I-94 stamped with H-4 and 04/08/2013 as expiry. She has valid H-4 visa stamped in her passport with 04/08/2013 as expiry.

As per my understanding, once I am in 'Parolee' status (use of EAD/AP) after re-entering US, my H-1 is no longer valid. So, my wife technically should have received I-94 with 'Paroled' stamp as well even though she has valid H-4 visa stamp.

Will this I-94 (stamped with H-4 & 04/08/2013 as expiry) cause any issues for her now or later when she travels outside US? Do we need to correct it or keep it as is because we are in AOS?

FYI - She had valid EAD/AP when she re-entered US this january and she has valid EAD/AP now.
 
As per my understanding, once I am in 'Parolee' status (use of EAD/AP) after re-entering US, my H-1 is no longer valid.

Using AP to reenter the US doesn't automatically invalidate the H1B. You can resume H1B (and preserve the dependent H4) if you return to the same H1B job and the time frame shown on the H1B approval notice hasn't expired.

But it doesn't really matter anyway, as she has a pending AOS.
 
Top