I94 expiring with pending I485

I

inimacam

Registered Users (C)
gurus, maybe you can shed some light on the issue.

My H1B(1st term) and I94 will be expiring in January. My I485 is pending and I have both EAD and AP. I will be joining another company with EAD in December. I am wondering if my I94 expired, am I out of status? thanks
 
May be or may be not.

If you had applied I485 180 days before, using the new AC21
regulations you can join another company using EAD, legally.
If not, the AC21 is silent on this issue.
Though legaly grey area, but practically some people have done it.
Because they did not receive RFEs. Their I485s approved with no
questions.
And your I94 expiring has nothing to do now, because you are in
AOS status now.
 
No Title

I just want to add following:

I have applied I485 in Dec 2000.

I used AP to visit home land. Now my I-94 says status as AOS, expiration date as till AP
is valid (i.e Feb 2002).

If I am not wrong, according to you guys: Since I am in AOS (or H1), I don\'t need to worry
about I-94 even though it is expiring near future. I am not sure about that, otherwise
I should have got I-94 expiration date as until AOS pending.

Any how, I am planning to ask this Qs my lawyer, let me see what he is going to say.

Thanks,
Kon
 
No Title

The moment you used AP, itself explains that you no longer are on H1.
You are required to renew your AP if you wish to do so, other wise you can stay in the country as long as you continue to renew your EAD till you finally get your GC.
You can also double check this with your lawyer. May be he may something that we are not aware of.
 
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