I-94 and Adjustee Status
- Thread starter gc131
- Start date
That's what I would expect. But if so, why issue an I-94 with an expiry date? They used to write "indefinite" in the space for an expiry date. I hope the GC will be approved before next Feb, but if it is not, the expired I-94 could be a problem. Any one have information on this?
A lot of persons including me and my family travelled to India after expiration of I-94. We went in Feb'03 on valid AP whereas our I-94 expired in Nov'02.
Therefore do not panic, go oveseas but make sure to have valid AP and passport with you in your overseas trip.
Hope it helps, enjoy !
Bye.
Therefore do not panic, go oveseas but make sure to have valid AP and passport with you in your overseas trip.
Hope it helps, enjoy !
Bye.
//why issue an I-94 with an expiry date? They used to write "indefinite" in the space for an expiry date.//
They put the expiry date based on your status of visa. While in US, if you get an extension, you don't go and extend I-94, do you?
Even my wife travelled with her expired I-94 but with H4 extension. They don't care for expiry of I-94 as long as you are in valid status.
They put the expiry date based on your status of visa. While in US, if you get an extension, you don't go and extend I-94, do you?
Even my wife travelled with her expired I-94 but with H4 extension. They don't care for expiry of I-94 as long as you are in valid status.
TheRealCanadian
Volunteer Moderator
An EAD confers no valid status upon you. It merely allows you to work. My wife has an expired EAD, and her legal status is based on her filed I-485, not her EAD.
My understanding is that the filing of the I-485 does not confer any legal status. This is how people subject to special registration who had filed for green cards were deported anyway. Legal status, ie. the right to be in the U.S. , is controlled by the I-94 and nothing else. EAD and AP are entirely irrelevant to legal status, as is the filing of the I-485, so the date on the I-94 is important. Maybe I am being overly legalistic, but not nearly so much as the BCIS. Can anyone clarify this?
GC131,
Seems you have a lots of confusion !
Yes, if you have the I485 receipt then you are in valid status till GC is processed and decision is made.
AP is granted only when you are in Valid I-485 adjust staus so it has legal authority, you can not return wihout this document if you have expired H1/H4 visa.
I-94 dates are irrevavant if you are in adjust status and decision is not made on your application.
Still, if you want to argue then then get a attorney !
Hope it helps !
Seems you have a lots of confusion !
Yes, if you have the I485 receipt then you are in valid status till GC is processed and decision is made.
AP is granted only when you are in Valid I-485 adjust staus so it has legal authority, you can not return wihout this document if you have expired H1/H4 visa.
I-94 dates are irrevavant if you are in adjust status and decision is not made on your application.
Still, if you want to argue then then get a attorney !
Hope it helps !
don't worry
I think everybody else said the same thing....but just wanted to clarify your doubts regarding this. As long as you're waiting to adjust (I-485) your status, your status is very much valid in USA. You or your wife can legally stay here. For work, you need to have either EAD or H1, whichever is available. Your I-94 can be expired, but you can legally stay here as long as you are waiting to adjust. But, EAD/H1 is required to work.
BTW, i did special registration back in March when i was waiting to adjust my status. However, i had EAD. There was no problem what so ever during the registration. If someone has been deported, it must have been for a reason, not because he was waiting to adjust his status. Last week, i got my approval, and got my passport stamped today. Luckily, i don't have to do the registration afterwards.
Hopefully, this helps.
I think everybody else said the same thing....but just wanted to clarify your doubts regarding this. As long as you're waiting to adjust (I-485) your status, your status is very much valid in USA. You or your wife can legally stay here. For work, you need to have either EAD or H1, whichever is available. Your I-94 can be expired, but you can legally stay here as long as you are waiting to adjust. But, EAD/H1 is required to work.
BTW, i did special registration back in March when i was waiting to adjust my status. However, i had EAD. There was no problem what so ever during the registration. If someone has been deported, it must have been for a reason, not because he was waiting to adjust his status. Last week, i got my approval, and got my passport stamped today. Luckily, i don't have to do the registration afterwards.
Hopefully, this helps.
Thanks Wasim26. Congratulations on your approval and on surviving Special Registration. Many people who had filed for GC were held and deported, but I guess they had been here illegally at some time. My RD is May, 2002, so I am just hoping to get the GC by the end of 2003. I have already renewed AP and EAD and I really don't want to have to do it again.
gc131,
If you have a current H1B, you will have an I-94 which will generally be valid till the date of visa expiration, when you entered the US on H1b. If you extend your H1, your approval notice will have an extended I-94 [same # as when you entered the US] , valid till the date the extension was approved for.
If you are working on H1, your status is "H1". However, if you choose to work on EAD based on EB I-485 petition, your status is "AOS pending".
A critical difference :- Unemployment per se during pending 485 [STATUS = AOS pending] does not imply you are out-of-status but for H1 visa [STATUS = H1B] it does.
Basically, you cannot be in both H1 and "AOS pending" status.
If you have a current H1B, you will have an I-94 which will generally be valid till the date of visa expiration, when you entered the US on H1b. If you extend your H1, your approval notice will have an extended I-94 [same # as when you entered the US] , valid till the date the extension was approved for.
If you are working on H1, your status is "H1". However, if you choose to work on EAD based on EB I-485 petition, your status is "AOS pending".
A critical difference :- Unemployment per se during pending 485 [STATUS = AOS pending] does not imply you are out-of-status but for H1 visa [STATUS = H1B] it does.
Basically, you cannot be in both H1 and "AOS pending" status.
Please listen to the question properly instead of telling what you know.
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This is what I have got from Kim King of usvisanews.com
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We do not have a further update on this, so our recommendation is to visit your local INS office prior to the I-94 card expiration. This is your safest plan for having the period of stay extended so that the lawfulness of your lawful presence will not be in question later.
Sincerely,
Kim
> Hi Kim,
>
> In an October 17 teleconference, the INS addressed the its recent decision to admit for up to one year individuals who re-enter the U.S. with an advance parole travel document, replacing the previous policy of admitting such individuals for an indefinite period. In this teleconference, the INS suggested that the expiration of the I-94 will not create unlawful presence, so long as an I-485 application is pending and provided there are no other issues. The INS did go on to say, however, that they have deferred to Inspections to clarify this matter as well as other questions including how to renew the I-94.
> Do you have any update on this ? If I entered united states using advance parole a year ago and my EB I-485 is pending, do I need to do anything like renewing I-94 etc etc ?
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This is what I have got from Kim King of usvisanews.com
-----------------------------------------------------------------------------
We do not have a further update on this, so our recommendation is to visit your local INS office prior to the I-94 card expiration. This is your safest plan for having the period of stay extended so that the lawfulness of your lawful presence will not be in question later.
Sincerely,
Kim
> Hi Kim,
>
> In an October 17 teleconference, the INS addressed the its recent decision to admit for up to one year individuals who re-enter the U.S. with an advance parole travel document, replacing the previous policy of admitting such individuals for an indefinite period. In this teleconference, the INS suggested that the expiration of the I-94 will not create unlawful presence, so long as an I-485 application is pending and provided there are no other issues. The INS did go on to say, however, that they have deferred to Inspections to clarify this matter as well as other questions including how to renew the I-94.
> Do you have any update on this ? If I entered united states using advance parole a year ago and my EB I-485 is pending, do I need to do anything like renewing I-94 etc etc ?
Thanks Sharabi, this is exactly what I wanted to find out. To the question "Will an expired I94 created unlawful presence?" the answer is nobody knows, including the BCIS. As far as visiting the local BCIS office to (hopefully) renew the I-94 before it expires, I think I have a better plan than sitting in a dreary waiting room for a whole day. I will go for a nice vacation south, lie on the beach and when I return, I will get a new I-94 valid for another year.