I-94 issue with EAD/AP

S

sac

Registered Users (C)
Hi,

My wife's H4 was going to expire in Sep 2003 and we had filed extension in June 2003.
Meanwhile our Labor certifcation got approved and we filed our I-140, I485 , EAD and AP in Oct 2003.
Her AP got approved in Jan 2004 and using her AP she went to India and came back in Feb 2004. Then her H4 Visa got approved in April 2004.
Now my lawyer says her active I-94 is the one which came with the H4 approval notice and not the one she got when she reentered US in Feb 2004. Is this true?
We are planning to file for extension of EAD and AP which requires latest I-94 information.
Can anyone please advise?
 
Thank you very much for your response, but I have a query.
My wife after coming back from india in Feb 2004 took a job using her EAD, so her H4 is invalid.
Even in that case the latest I-94 is the one we got with H4 approval notice?
Also in the EAD renewal form we have to fill in I-94 number and the date and port of last entry in US.
So if we use the I-94 which came with the approval notice, should we use the date/port of entry corresponding to that I-94 number(which is DEc 2002) or the last port of entry in US which is Feb 2004.
 
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