I94 expired, I485 filed, AP approved - travel advise

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AbGCDeDo

Registered Users (C)
Our I94 and H1/H4 visa stamped on our passport expired. I140 is approved and 485 was filed concurrently. Advance Parole approved and I am working on EAD.

Now that our I94 are expired how do we travel to India. Do we have to wait years before we get approved to travel ?
 
When I submit my expired I94 is that a problem?

I know the whole point of AP is for travel but the issue is I94 expired or not. But in most cases (90% i think) the I94 would be expired since it expires pretty much at the same time as their H1 (plus 10 days).

So when I depart should I surrender my I94 or can I just show my AP and not surrender I94.

Or

If I must submit my expired I94 during departure, while arriving at the POE inspite of having AP , the fact that I submitted an expired I94 would create a problem or not ? That is the question.

I think the immigration officer would understand that having an AP and being in AOS state I94 expiry would not be a problem but wanted to get some level of certainity as to any publicaqtions on the INS sites etc.

Does anyone know the publications of guidelines about this ? Is there anoyone who actually traveled in the similar scenario as mine ?
 
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Advance parole on USCIS

When your I-94 expired, it's mean you are OUT OF STATUS. INS or now called USCIS has warned people who want to travel outside on their website.
Here is what USCIS say (Read the red parts)

http://uscis.gov/graphics/services/Emergency/index.htm

I would not recommend you to travel outside after you're out of status. You may be found inadmissible, your applications may be denied, or both. But on the bright side, you might be OK. It's up to you now.HEAD OR TAIL????
 
prk770s said:
I would not recommend you to travel outside after you're out of status. You may be found inadmissible, your applications may be denied, or both. But on the bright side, you might be OK. It's up to you now.HEAD OR TAIL????
Click to expand...

What do you mean?


AbGCDeDo,
The instruction section of form I-131 clearly explains such cases. Pls see if it is applicable to you. Look under Travel warning.

If you are using EAD, you are still in status and your status is "Pending AOS". There should be no problem using your AP in this case. You always have to surrender your I-94 when you leave the country. I suggest you call up USCIS or talk to a lawyer about the expired I-94 and to make sure you dont trigger the 3/10 year bar. Personally, im sure its not a problem, but im no lawyer :D
 
Since you have already filed for I-485, you are "IN STATUS" as long as your I-485 is pending. So it doesn't matter if your I-94 is expired.

If you look at your I-94, it says "Departure Record". You have to surrender your I-94 when you leave the States. When you come back with AP, you get a new one.

You should ask your lawyer to be 100% sure.
 
Let clarify:

USCIS website state that
"travel outside of the United States may have severe consequences for aliens who are in the process of adjusting their status, extending their nonimmigrant stay, or changing their nonimmigrant status."
And "Immigrant Responsibility Act of 1996 stipulates that immigrants who depart the United States after being unlawfully present in the United States for certain periods can be barred from admission to lawful permanent resident status,even if they have obtained Advance Parole."

When you file I-485, you are in the process of adjusting of status. Yes, you are legal in U.S. (as a pending AOS) but USCIS tries to warn people who overstayed their visa that travel outside could result in inadmissible at the boarder although they are legally now in US or in the process of adjusting their status. This part is clearly define the difference between legal status and admission at the boarder..

Or another example..You went to the club last night and came home pass the time your mom (immigration) allowed. The result is you are grounded. You are OK to do anything inside her house (US boarder) but never leave the house because of your overstay-visa. :p
 
Oh brother. I know that is what the regs say but there is no problem traveling on your AP. This has been around for years and hundreds if not thousands travel on their AP every year. They are not out of status in this case. They have no H-1B but they have filed AOS. That is their new status.
SO what if your I-94 has expired you are going to re-enter on AP. They are going to parole you into the US. And yes you will get an I-94 attached to the stamped AP. You have no problems. My spouse traveled on AP and this is no problem. The H visa I-94 had expired a long time ago and was just considered in AOS and so was in status.
 
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I know "grunggy" that's why I said "FLIP YOUR COIN>>>HEAD OR TAIL???"

I know few people who overstayed and they had no problem travelling. On the other hand, I heard about people who faced this problem posted them on internet too.
 
Suppose I'm entering U.S on AP and I have only one month remaining on the parole. In that case, what would be the validity date specified in my I-94 by the immigration office? Would the I-94 expiring also in 1 month?
 
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prk770s said:
When your I-94 expired, it's mean you are OUT OF STATUS. INS or now called USCIS has warned people who want to travel outside on their website.
Here is what USCIS say (Read the red parts)

http://uscis.gov/graphics/services/Emergency/index.htm

I would not recommend you to travel outside after you're out of status. You may be found inadmissible, your applications may be denied, or both. But on the bright side, you might be OK. It's up to you now.HEAD OR TAIL????
Click to expand...


You state here that he's out of status. That's not correct. If he filed the I-485 before the H-1B expiry he was always in status.
 
rp1740 said:
Suppose I'm entering U.S on AP and I have only one month remaining on the parole. In that case, what would be the validity date specified in my I-94 by the immigration office? Would the I-94 expiring also in 1 month?
Click to expand...

Our I-94 had the same date on it as the AP expiry.
 
First of all, if you file I-485 before I-94 expires you are OK for sure. Your status has never been unlawful. By the way, I believe you never mention this point in your case.

In my case, I came here on F-1 visa and out of status for over 200 days before filing I-485. After being unlawfully present in the United States for certain period, I've researched extensively about this topic. My conclusion is here:

1.USCIS clearly warn people who have been out of status for a period of time about the risk of inadmissible entry even you have AP.

2. For many lawyers viewpoint, they concern and send notice to their clients. Some of the old threads I still kept in my bookmark if you want to read about them are here.
http://boards.immigrationportal.com/showthread.php?t=175011&page=4&pp=15&highlight=inadmissible

3. According to real experiences from people who travel with AP and once overstayed their visa, I found that 99% have no problem. Only one case (I read it long time ago) faced inadmissible problem.

It's your choice. For me, I just avoid traveling until my approval I-485 is in my hand because currently, for immediate relative AOS, decision would be less than 2 years. If I have to wait many years for my case to be approved I will take a chance too. ;)
 
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