I-94 questions:calling UN, RealCanadian,tammy2,ginnu

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dyingforgc

Registered Users (C)
I have 3 expired I-94s (including one white and other two green came with H1-B approval) and fourth unexpired I-94 (green came with latest h1-b extension).
I am traveling out of country. Will use AP to come back. I might go for h1-b stamping sometimes next year to Canada.

My question is; while I leave this country, I submit all past expired I-94s except for the latest (unexpired) one to Air line rep?

When I get new I-94 while re-entering US, which will be valid only until March-07 (expiry of Advance Parole date), am I supposed to take any action before paroled I-94 expires(March-07)? Or since I will still have unexpired I-94 (came with latest h1-b extension), I am okay with it?

what impact, usage of AP, will have on my H1-B status? What if my I-485 is denied after paroled I-94 expires? can someone forward me USCIS memo where it says usage of AP doesn't toast h1-b status ? And also, what status I would be in, if I-485 gets denied after I use AP and I-94 is paroled(with unexpired I-94 of latest h1-b)?

Please advise.
 
dyingforgc said:
My question is; while I leave this country, I submit all past expired I-94s except for the latest (unexpired) one to Air line rep?
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Submit them all, expired and unexpired. If you haven't detached the I-94 from the I-797 then don't worry about that one.

When I get new I-94 while re-entering US, which will be valid only until March-07 (expiry of Advance Parole date), am I supposed to take any action before paroled I-94 expires(March-07)? Or since I will still have unexpired I-94 (came with latest h1-b extension), I am okay with it?
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You'll be OK, but because your I-485 is still pending. Your I-94 on the I-797 becomes meaningless once you leave the US and re-enter using AP.

what impact, usage of AP, will have on my H1-B status? What if my I-485 is denied after paroled I-94 expires? can someone forward me USCIS memo where it says usage of AP doesn't toast h1-b status?
Click to expand...

Search for "Cronin Memorandum".

And also, what status I would be in, if I-485 gets denied after I use AP and I-94 is paroled(with unexpired I-94 of latest h1-b)?
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That's an interesting question. Why are you concerned that your I-485 will be denied?
 
TheRealCanadian said:
That's an interesting question. Why are you concerned that your I-485 will be denied?
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thanks Realcanadian.

Nothing in particular to be concerned about but that's one of the questions, popped up in my mind while thinking all permutations combinations of legal situations, problems. Can you or anyone else address this important question?
 
dyingforgc said:
I have 3 expired I-94s (including one white and other two green came with H1-B approval) and fourth unexpired I-94 (green came with latest h1-b extension)
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Just curious, can people other than UN, RealCanadian,tammy2,ginnu answer your questions?

About your expired I-94s, keep them, give them to airline rep, or just throw them --- it does not matter.

Airline rep will not stop you if you dont give an I-94 back, they will take one if they find one in your passport. The whole concept of giving I-94 back is based on fear that someone else will misuse it, if the date is still not expired. Airline people will probably junk it in some place.
 
GreenCardVirus said:
The whole concept of giving I-94 back is based on fear that someone else will misuse it, if the date is still not expired. Airline people will probably junk it in some place.
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No, the whole concept is based on tracking exits from the US.
 
TheRealCanadian said:
No, the whole concept is based on tracking exits from the US.
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I know.

To track exits, the airline people should sort all I-94 by date, put it is a dated box, send it to some department (CBP I think) and that department inputs into the computer the exit dates of each person.

All this is a big joke, none of it happens. Have you ever seen how the airline people handle I-94s? They treat them as trash? The government knows it. That is why they started this program called US-Visit. Primary purpose of US-Visit is to track those who are currently over staying.

About departure dates, USCIS just takes it on your face value. I have never heard or read USCIS question departure dates of anyone. However, consulates abroad routinely deny visitors visa because the person seeking visa overstayed last time he or she came to US. This, they do so based on the immigration stamp (of that country where the consulate is located) in the passport.

Bottomline is that if a person has overstayed, they can find out but certaily not using your I-94.
 
dyingforgc said:
thanks Realcanadian.

Nothing in particular to be concerned about but that's one of the questions, popped up in my mind while thinking all permutations combinations of legal situations, problems. Can you or anyone else address this important question?
Click to expand...
Can someone PLEASE address above important situation ??
Thanks in advance.
 
If 485 gets denied while you are in a parolee status but hold a H1, then you have to go out of country, get a h1 visa and reenter.
 
GreenCardVirus said:
If 485 gets denied while you are in a parolee status but hold a H1, then you have to go out of country, get a h1 visa and reenter.
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It's confirmed that usage of AP doesn't violate h1-b status then why to go out of country and re-enter.
If that's the case then how this situation is different in "using EAD and one's 485 gets denied then s/he will have to go out of country and re-enter using H1-B."

Any clarification? I think this could be one of the gray areas? where it's not clear if person entered country using AP(who still maintains h1-b status) and 485 is denied then what status s/he is on??
 
dyingforgc said:
It's confirmed that usage of AP doesn't violate h1-b status then why to go out of country and re-enter.
If that's the case then how this situation is different in "using EAD and one's 485 gets denied then s/he will have to go out of country and re-enter using H1-B."

Any clarification? I think this could be one of the gray areas? where it's not clear if person entered country using AP(who still maintains h1-b status) and 485 is denied then what status s/he is on??
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Nothing gray about it.

When you come into USA for work, there are 2 things invloved. A Legal Status and a Work Authorization.

When you enter on H1, the I-94 defines your status as Temporary Worker. The H1 itself is used as work authorization.

When you are in 485 stage and enter using AP, then your offcial status is "Parolee". If you have H1 and are going to work for the same employer who filed your 140, then that document (h1) can be used as Work Authorization.

If you entered on AP, if you have EAD and H1, it does not matter what you use for work as long as you work for the same employer. You can still get back to "Temp Worker H1" status when you file an extension of H1.

If you entered on H1, you work on H1. EAD can be used if you dont want to extend H1.

Practically speaking, there is nothing called as using EAD. When someone asks you for work authorization, if you decide to produce H1, then the H1 should have the name of the employer you are working for. If you produce EAD, it does not matter who you are working for.
 
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dyingforgc said:
It's confirmed that usage of AP doesn't violate h1-b status then why to go out of country and re-enter.
If that's the case then how this situation is different in "using EAD and one's 485 gets denied then s/he will have to go out of country and re-enter using H1-B."

Any clarification? I think this could be one of the gray areas? where it's not clear if person entered country using AP(who still maintains h1-b status) and 485 is denied then what status s/he is on??
Click to expand...

When enter on the AP you get the I-94 for one year. So if want to be on H1 status beyond one year you may need to renew the I-94 at the expiry of I-94. Otherwise you are converted into Pending AOS status automatically
Just my two cents
 
tammy2 said:
When enter on the AP you get the I-94 for one year. So if want to be on H1 status beyond one year you may need to renew the I-94 at the expiry of I-94. Otherwise you are converted into Pending AOS status automatically
Just my two cents
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My new I-94 will expire in March-07 after I re-etner using AP from this trip. H1-B extension I got just few weeks ago is valid until Feb-08. Did you mean that after I re-enter using AP, I will have to file for I-94 extension (to get it extended until validity of I-94 of h1-b extension). I never heard of I-94 extension? can you share more info?

thanks,
 
tammy2 said:
When enter on the AP you get the I-94 for one year. So if want to be on H1 status beyond one year you may need to renew the I-94 at the expiry of I-94. Otherwise you are converted into Pending AOS status automatically
Just my two cents
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Hell wrong.

If you enter on AP, you status will be "Parolee" not H1. You can use H1 for work though. You get back on to H1 Status only when you file H1 extension and see change of status to H1. Read Memos carefully.
 
TheRealCanadian said:
Search for "Cronin Memorandum".
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this memo http://www.shusterman.com/cronin51600.html says status would be parolee not h1-b upon using AP to re-enter so h1-b status will be at toast? which is different from my understanding from what people have been saying in this forum. can you elaborate?

this is confusing from above link
4. If an H-1 or L-1 nonimmigrant has traveled abroad and reentered the United States via advance parole, the alien is accordingly in parole status. How does the interim rule affect that alien's employment authorization?

A Service memorandum dated August 5, 1997, stated that an "adjustment applicant's otherwise valid and unexpired nonimmigrant employment authorization ...is not terminated by his or her temporary departure from the United States, if prior to such departure the applicant obtained advance parole in accordance with 8 CFR 245.2(a)(4)(ii)." The Service intends to clarify this issue in the final rule. Until then, if the alien's H-1 or L-1 employment authorization would not have expired, had the alien not left and returned under advance parole, the Service will not consider a paroled adjustment applicant's failure to obtain a separate employment authorization document to mean that the paroled adjustment applicant engaged in unauthorized employment by working for the H-1 or L-1 employer between the date of his or her parole and the date to be specified in the final rule.
What does this(in bold) mean?
 
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GreenCardVirus said:
Hell wrong.

If you enter on AP, you status will be "Parolee" not H1. You can use H1 for work though. You get back on to H1 Status only when you file H1 extension and see change of status to H1. Read Memos carefully.
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But he want be on H1 status even after using AP. How the hell he can be on the H1 with expired I-94.
It might either applying the New H1 or Extending status to get new I-94 I do not know for the sure.
 
ginnu said:
H1, AP
http://www.murthy.com/chatlogs/chat0816.html
http://www.immigrationlinks.com/news/news301.htm
http://www.murthy.com/news/UDnewins.html

http://www.vkblaw.com/news/fivehundredtwentyfive.htm
http://shusterman.com/cronin51600.html
http://www.shusterman.com/h1memo500.html
http://www.shusterman.com/hl-99regs.html
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All these things talk about entering to US. Before 2002 ( or 2001) INS use to issue the I-94 with D/S (During status) as expiry date for Advance Parole. Later they changed the policy to issue the I-94 with validity of only one year. That is when the trouble started. I heard it first time last year when Vermont service center denied a H1 transfer, issuing the H1 without I-94 who was entered with AP.
 
This thread has created lot of confusion.

My situation:
1)Traveling outside US for few weeks. While re-entering I will be using AP. I have been maintaining H1-B status now and intend to remain on H1-B after returning and using Advance Parole.
2)Advance Parole and EAD both expire in 3rd week of March-07. My H1-B is valid until Feb-08.
3)Since I will be using AP my new I-94 will be dated valid only until March-07(until expiry of AP)
4)If I wont' be on H1-B status(as someone mentioned in the thread) anymore after using AP while re-entering US, does it mean I will have to apply for EAD now (since I will return from vacation after few weeks and EAD renewal seems to be taking longer time these days) in order for me to keep working with valid authorization?
5)What status I will be after March-07 if I don't renew EAD? Note: My H1-B is valid until Feb-08.

I am very confused?? Please help senior gurus.

Thanks,
 
dyingforgc said:
This thread has created lot of confusion.

My situation:
1)Traveling outside US for few weeks. While re-entering I will be using AP. I have been maintaining H1-B status now and intend to remain on H1-B after returning and using Advance Parole.

2)Advance Parole and EAD both expire in 3rd week of March-07. My H1-B is valid until Feb-08.
------------file the EAD NOW
3)Since I will be using AP my new I-94 will be dated valid only until March-07(until expiry of AP)
-----------I think they stamp for 1 year
4)If I wont' be on H1-B status(as someone mentioned in the thread) anymore after using AP while re-entering US, does it mean I will have to apply for EAD now (since I will return from vacation after few weeks and EAD renewal seems to be taking longer time these days) in order for me to keep working with valid authorization?

------------apply for EAD NOW. if you are going to use the AP and then going to work for the employer who filed your Latest H1 then you will be on H1 status and can also file H1 status(it has been done and person get H1 EXt approved after use of AP)
5)What status I will be after March-07 if I don't renew EAD? Note: My H1-B is valid until Feb-08.
----------------H1B and AOS pending
I am very confused??
-------------you can talk to your lawyer for more info
Please help senior gurus.

Thanks,
Click to expand...
 
dyingforgc said:
This thread has created lot of confusion.

My situation:
1)Traveling outside US for few weeks. While re-entering I will be using AP. I have been maintaining H1-B status now and intend to remain on H1-B after returning and using Advance Parole.
2)Advance Parole and EAD both expire in 3rd week of March-07. My H1-B is valid until Feb-08.
3)Since I will be using AP my new I-94 will be dated valid only until March-07(until expiry of AP)

You will get one year I-94
4)If I wont' be on H1-B status(as someone mentioned in the thread) anymore after using AP while re-entering US, does it mean I will have to apply for EAD now (since I will return from vacation after few weeks and EAD renewal seems to be taking longer time these days) in order for me to keep working with valid authorization?
For one year that is until the expiry of the I-94 you are on the H1 for the sure.

5)What status I will be after March-07 if I don't renew EAD? Note: My H1-B is valid until Feb-08.
Try to renew the H1B or get EAD after the expiry of I-94
I am very confused?? Please help senior gurus.

Thanks,
Click to expand...
 
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