I-94 question

IL_LABOR

Registered Users (C)
What happens once we switch working on EAD from H1. I have the following questions:

1) My H1 and I-94 are stamped till Nov 2006. My EAD is valid till June 2006.

If I swicth on EAD , I lose the h1 status by default , in that case how will be my stay in the country dictated, will it by EAD expiry date or existing I-94 expiry date.

2) I will get a new EAD again from June 2006 till June 2007. In that case my existing i-94 would have already expired in Nov 2006. Do I need to apply for a new I-94 to justify my stay legal in the country just in case if USCIS asks for questions regarding my valid status in the country or I don't need a new I-94 since I switched on EAD.


Thanks
 
IL_LABOR said:
What happens once we switch working on EAD from H1. I have the following questions:

1) My H1 and I-94 are stamped till Nov 2006. My EAD is valid till June 2006.

If I swicth on EAD , I lose the h1 status by default , in that case how will be my stay in the country dictated, will it by EAD expiry date or existing I-94 expiry date.

--> No, your legal stay is governed by your pending 485. When you have a pending 485, you are considered in a period of authorized stay by attorney general. EAD does not give you a legal status, it is just an authorization to work.

2) I will get a new EAD again from June 2006 till June 2007. In that case my existing i-94 would have already expired in Nov 2006. Do I need to apply for a new I-94 to justify my stay legal in the country just in case if USCIS asks for questions regarding my valid status in the country or I don't need a new I-94 since I switched on EAD.

--> You do not need to "apply" for new I-94. You are in legal status due to pending 485. As an aside, you do not "apply" for I-94. You need to go out of country and enter back and you will get a new I-94 at POE. Of course, if USCIS extends/changes your status, you probably will get a new I-94 from USCIS.


Thanks
 
AR-11 and date of validity of stay while on pending 485

In case of filing AR-11 ( change of address form) it asks a question at the bottom :
If not a permanent resident, my stay in the US expires on ( date):

What date should be filled if the person is no more on H1 and has shifted on EAD based on pending I-485?

Thanks a lot!
 
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