I-94 of family expiring after 485 filing

V

Vasudevan Raghavan

New Member
Hi friends

I filed 485 in May 2001. I have H1 and I-94 upto June 2003. But they made an error at the port of entry while issuing I-94 for my family. My family\'s I-94 is valid upto June 2002. I have not applied for EAD. My wife has EAD but not using it.

Should I extend the I-94 of my family ? Can anybody suggest please ?

Nirag
 
I-94

To my knowledge I-94 determines the validity of stay in the country if you have not applied for extension of H1. As long as your stay is validated by extension of H1 you don\'t have a problem. Again in your case it is their mistake and your H1 is valid till June, 2003 and it should not affect you.
 
I-94

Vasu,

As long as your and your family\'s I-485s are pending, you are all in status, irrespective of the I-94 expiration. However, if the I-485 gets rejected due to any reason (very unlikely) and the I-94 of anyone in your family has expired, then they will have been out of status from the expiration date on the I-94.

If you want to play it really safe, you can get the dependent status, and therefore the I-94 extended.

See latest chat transcript at www.murthy.com.
 
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