I applied for my I-485 on 11/00.My H1 valid till 2003. I went out of US and came back on 3/01 and agian on 7/01 both time INS officer gave me a 1-94 based on the expiration date of the Visa stamp on my passport which was 10/22/01. I told my lawyer about my situation and she said that I am fine since I already applied for the 485 and my status is H1 / Adjustment applicant and also my H1 is valid till 2003. But I asked her to apply for my EAD any way. She applied for the EAD RD 9/4/01 and ND 9/22/01. But the EAD got approved on 12/01.Was it problem. Then I received a RFE that I document that I was present in the US with out break in the status
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Jim and other What is your thought?
- Thread starter rfe
- Start date
No Title
Michael Aytes (INS Assistant Commissioner) wrote a memo a few years ago that addressed this situation. Get a copy of the memo from your attorney and go back to the port of entry and have them correct the error (they\'ll issue another I-94 with the correct validity date). If they refuse, you need to go to the district office with jurisdiction over the port of entry and they will correct the error.
You have an EAD and there is no status issue but I would get the I-94 corrected just to cover your bases. Discuss it with your attorney and follow her advice since it is her job to help you out if her advice causes problems.
Jim
James D. Mills
(formerly Jim M)
Attorney at Law
jdmills@justice.com
732-644-5702
Michael Aytes (INS Assistant Commissioner) wrote a memo a few years ago that addressed this situation. Get a copy of the memo from your attorney and go back to the port of entry and have them correct the error (they\'ll issue another I-94 with the correct validity date). If they refuse, you need to go to the district office with jurisdiction over the port of entry and they will correct the error.
You have an EAD and there is no status issue but I would get the I-94 corrected just to cover your bases. Discuss it with your attorney and follow her advice since it is her job to help you out if her advice causes problems.
Jim
James D. Mills
(formerly Jim M)
Attorney at Law
jdmills@justice.com
732-644-5702
No Title
Thanks Jim.
I applied for the EAD 2 months before the i-94 expirations date (10/22/01). My EAD got approved on 12/18/01 . I worked between the period of 10/23/01 to 12/16/01. I also have the I-94 that came with the HI valid till 2003.
My question is did I violate the law by working in that period? My lawyer thinks that I did not.
Thanks Jim.
I applied for the EAD 2 months before the i-94 expirations date (10/22/01). My EAD got approved on 12/18/01 . I worked between the period of 10/23/01 to 12/16/01. I also have the I-94 that came with the HI valid till 2003.
My question is did I violate the law by working in that period? My lawyer thinks that I did not.