I-94 Expires

[maheshwar]

Hi,

My daughter’s I-94 expires on Feb 12 2007. But, she is having valid visa till Dec 2007 and Passport valid till Nov 2009. I don't know why she got her I-94 like this.

Anyway, do I have to apply for her I-94 extension? Or it is not required as we already applied for I-485. Please suggest me.

I browsed through some forums where some suggest it is not required as I already applied for I-485 and again in some places some say I have to apply for her extension at least 45 days earlier than the expire date.

Please suggest me what to do?

Thanks

Maheshwar

 

[TheRealCanadian]

Anyway, do I have to apply for her I-94 extension? Or it is not required as we already applied for I-485.

Since she has a pending I-485, she remains in valid status until it is approved or denied. She will require AP to be readmitted to the United States should she leave.

 

[NeShawn]

You don't have to worry since you have already filed the I-485. She is allowed to stay during the process. The I-94 extension was supposed to be filed 45 days prior to it expiring. This is a common error for immigrants. The I-94 determines how long immigrant can stay but like I say you don't have to worry about it since you have filed. Make sure in the future that she/you check about filing requirement so that you won't run the risk of penalties. Godspeed

Overstays of 180 days are subject to 3 yr ban.

She should not leave the country until process is complete or AP is approved.

 

[TheRealCanadian]

The I-94 extension was supposed to be filed 45 days prior to it expiring. This is a common error for immigrants.

There is no such 45 day requirement. It merely needs to be filed and received by USCIS before the existing I-94 expires.