I-94 expired during I-485 processing – Jim Mills / Jaxen Please give your views..

[NSC_485_OCT2301]

Hi,

I filed my (EB) I-485 and got EAD/AP before I-94 / H1B expired. Still working for the same company…

Question: Am I out of status after the expiration of I-94.

If NOT.. please tell me which Section of the Law (INA) says that one can stay in US after the expiration of I-94...when I-485 is pending…

I know INS detained and put into deportation/removal proceedings many people in my situation during Special Registration….

I will appreciate if you please reply with Section of the Law/regulation and any INS memo in this regard….

Thanks!!!

 

[jbm]

Make sure your HR update your I-9 form with your EAD information (instead of H1). keep I-485 copy and EAD handy and don't worry you are in the status. check with good lawyer if you don't feel comfortable.

Good Luck.

JB

Originally posted by NSC_485_OCT2301
Hi,

I filed my (EB) I-485 and got EAD/AP before I-94 / H1B expired. Still working for the same company…

Question: Am I out of status after the expiration of I-94.

If NOT.. please tell me which Section of the Law (INA) says that one can stay in US after the expiration of I-94...when I-485 is pending…

I know INS detained and put into deportation/removal proceedings many people in my situation during Special Registration….

I will appreciate if you please reply with Section of the Law/regulation and any INS memo in this regard….

Thanks!!!