I-94 valid date while entering US on AP

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craver

Registered Users (C)
When I entered US last time, using Adv. Parole, Immigration officer issued an I-94 valid for one year. It is based on AOS. Does this really expire after one year? Do I have to extend it?
 
craver said:
When I entered US last time, using Adv. Parole, Immigration officer issued an I-94 valid for one year. It is based on AOS. Does this really expire after one year? Do I have to extend it?
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You do not have to extend it. I think you need to extend your H1 before expiration of I-94 of AP or I-94 of H1B, which ever expire sooner. Then you will put back onto H1 status. But I am not sure.
 
craver said:
When I entered US last time, using Adv. Parole, Immigration officer issued an I-94 valid for one year. It is based on AOS. Does this really expire after one year? Do I have to extend it?
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The 1 year on I-94 is wrong. It should be AOS instead of date. One is allowed to be in US while AOS application is pending.

Please verify details with your lawyer/attorney.
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baby_mde said:
You do not have to extend it. I think you need to extend your H1 before expiration of I-94 of AP or I-94 of H1B, which ever expire sooner. Then you will put back onto H1 status. But I am not sure.
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You have made a valid point. Here is my question. I am on H-1B with document (changed my status from J1--> H1B) and I do not have H-1B visa stamp on my passport. I have AP to travel and suppose after I come back from foeign return can I be able to get back to my H-1B while I go for H-1B extension. Any comments????
 
Your AOS doesn't affect your H1 status...the only thing that can affect your H1 status is if you had an EAD AND you used it(switched employers)....that would nullify your H1 status
 
madgu-gc2005 said:
You have made a valid point. Here is my question. I am on H-1B with document (changed my status from J1--> H1B) and I do not have H-1B visa stamp on my passport. I have AP to travel and suppose after I come back from foeign return can I be able to get back to my H-1B while I go for H-1B extension. Any comments????
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I think so, as per the cronn memo. I don't this you should have a visa stamp in your passport.

For example, my wife came on H4 visa and she is on H1B now. She has Advance Parole and she going to use it. After she enter into US she become a Parole. Then by H1 extention/transfer she can reinstate her H1 status. This is what her attorney told.
 
baby_mde said:
I think so, as per the cronn memo. I don't this you should have a visa stamp in your passport.

For example, my wife came on H4 visa and she is on H1B now. She has Advance Parole and she going to use it. After she enter into US she become a Parole. Then by H1 extention/transfer she can reinstate her H1 status. This is what her attorney told.
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that sounds right.....as per cronin memo........i will come to know in few weeks...
 
They did the same thing to me when I entered with Advance Parole. They stamped 1 year on the I-94. What bugs me is that when I applied for a FL drivers' license, they made the expiration date of the license be the same as the I-94, so I got slightly less than one year on the license.

Apparently if you show multiple documents, they give you a license for the shortest validity period of all the documents. So even though the I-485 should have allowed me to get two years, they used the date on the I-94. If they saw my EAD I would have gotten barely 9 months.
 
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