I-94 Question - Please help

[naga_v]

I have a valid H1B and my son has a valid H4 Visa which is due to expire in the month of August, 2005. We are in the process of green card and we have an Advance Parole too. The question I have is regarding my son’s I-94. His I-94 is due to expire in the month of May, 2005. The reason for that was his passport was about to expire in the month of May, 2005. We got his passport renewed here.

The question I have is, since his I-94 is going to expire in May, 2005 does he need to go back and come in or since we already have the Advance Parole it doesn’t matter.

Please help.

 

[H1BneedGC]

Your son need not go out of the country just for this purpose. I am assuming that you are still on H1B. Since your H1b is expiring in August 2005, you can inititate your H1B extension couple of months earlier...say sometme in March 2005 file for your H1 extension...remember that you should also file for H4 extensions for your dependents alongwith your H1b extension application. That way, everything is taken care of. As long as you have H1/H4 applications pending with USCIS, you are all in status. If the applications are filed before May 2005 (which is your son's I-94 validity date), he is okay.

On the other hand, if you have already used EAD for work, then your H1 is no longer valid...you and your dependents will be under "AOS Pending" status since you all have a 485 pending. In this scenario, if you want to travel outside of US, you would need a AP for your return.

Hope this answers your question..

 

[naga_v]

Thanks H1BneedGC

Thanks H1BneedGC. Say If I want to travel to India some where next year i.e. 2006 will my son's stay still be leagal as I-94 is going to expire in May, 2005. Ofcourse I will be renewing my AP till then.

Your son need not go out of the country just for this purpose. I am assuming that you are still on H1B. Since your H1b is expiring in August 2005, you can inititate your H1B extension couple of months earlier...say sometme in March 2005 file for your H1 extension...remember that you should also file for H4 extensions for your dependents alongwith your H1b extension application. That way, everything is taken care of. As long as you have H1/H4 applications pending with USCIS, you are all in status. If the applications are filed before May 2005 (which is your son's I-94 validity date), he is okay.

On the other hand, if you have already used EAD for work, then your H1 is no longer valid...you and your dependents will be under "AOS Pending" status since you all have a 485 pending. In this scenario, if you want to travel outside of US, you would need a AP for your return.

Hope this answers your question..

 

[H1BneedGC]

Thanks H1BneedGC. Say If I want to travel to India some where next year i.e. 2006 will my son's stay still be leagal as I-94 is going to expire in May, 2005. Ofcourse I will be renewing my AP till then.

then you have no problem...you just have to have some status (either H1/H4 status or AOS pending with AP for travel).

Hope this answers your question.