I-94 Expire

K

kandanelly

New Member
Presently I am on H1B Visa, I got my EAD card last week after applying for green card, but my I-94 card going to expire in April 2003. Do I need to extend I-94 card or What should I need to do now???. Can any one update me.
 
Last edited by a moderator:
You do not need to extend your I-94 once your H1B expires because you won't be on H status anymore - you will be in "adjustee" status with authorization to work since you have an EAD.

Just make sure you always have a valid EAD.
It's safe to start the renewal of your EAD 6 months prior to expiration.
 
What about the Dependent

I have the same question, I understand about EAD for me when my H1B has expired but what about the Dependents, their H4 also expires with my H1B, so do we need to do anything for them or they are in STATUS because we have I-485 pending.

Any input would be greatly appreciated.

Thanks
 
My understabding is that it's the filed I-485 that keeps you in status. Things get tricky if you were out of status when I-485 is filed... but if this is not the case, I-485 filers are autorized to stay in the US. INA allows the Attorney General to designate additional groups of aliens that are allowed to be present in the US and persons who filed I-485 are authorized as such as per written INS memo.
Bottomline - if you( or your dependants ) were legally present in the US at the point when I-485 was filed, you are authorized to
remain in the US until a decision is made. If your dependants have I-485 pending ( which I assume they do), they do not require EAD or AP to remain in US - they only need those to work or travel
Hope this helps
 
EAD Expiration ??

Can you make clear about dependent stay after my H1B gets expire once I got my EAD. She to got EAD. But does it require her to work, to keep in status ?

Also can I stay on EAD till it get expired in case I485 rejected ? or do I need to extend my H1B visa. what do you suggest ?

I appreciate if someone can suggest me
 
Again, EAD has no relevance as far as maintating status. The status is entirely governed by filed I-485. No-one is required to work... well, maybe except you, but that's because the GC is sponsored by your empoyment. Your dependants don't have to get or use EAD/AP, unless they would like to work or travel.
When your H1-B expires, you - and your depenants - become adjustees, which means that your status entirely depends on your I-485. If it is denied, you and your famility will have to leave the country immediately. From what I understand, the only reason to maintain H1-B when I-485 is filed is if you're worried that I-485 is denied. If that happens and you still have H1-B, you can stay in the US as a non-immigrant.
The choice of maintaining H1-B/L status when I-485 is pending entirely depends on your current situation and you should discuss it with your lawyer. Bot ways are legal, but confer different rights and have different outcomes if ( god forbid ) I-485 is denied.
 
You must log in or register to reply here.
Top