Pending GC - I-94 extension needed?

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king_kong007

Registered Users (C)
Guys, I have a serious question. Do I need to extend my I-94 with my EAD (hope its approved b4 my H1 expires)? I knowI can stay with I486 filed and be in status. Please guide.
 
Originally posted by king_kong007
Guys, I have a serious question. Do I need to extend my I-94 with my EAD (hope its approved b4 my H1 expires)? I knowI can stay with I486 filed and be in status. Please guide.
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Once you get your H1 extension you will get new I-94 with it. Infact you should get approval anytime. So hang in there.
 
King_Kong007,
I-94 is not related to EAD.
You can have your EAD extension done.
If you want to travel outside US then you need AP if your I-94 has expired or else you can use I-94 for entering US.
Have you applied for AP?
 
Special Registration impacts

Guys, if India joins the list of countries that will need to register with INS, will the EAD doc be enough or as King Kong asked, would we need a valid I-94?
 
Guys - my question was - if my H1 expires (I'm not applying for extension) with my I-94, and I still stay here. Then I travel outside US and comeback, will there be any problem? Will I be questioned for overstaying with expired I-94?
 
Is there an equivalent form for I-539 for persons with expired H1/I94 but valid EAD? I539 takes 30-45 days. I539 is for non-immigrants. Pending GC we are neither non-immigrants nor immigrants .....
 
If your H1 is expired, AND you did not file for an extension, AND you already applied for I-485, the only way you can travel is by using Advanced Parole.
At POE, you will get a new I-94 stamped with "Paroled until ....".

And you're right .. I-539 is for non-immigrants.
Pending adjustment is kind of 'in limbo'. You are not a legal resident/immigrant yet, but you don't fall in any of the non-immigrant visas either. Sometimes, the general advice for people with pending adjustments is: "Do not leave the country unless it is absolutely necessary" :)
Get an AP if you really have to/want to make a trip outside the U.S.

So .. back to your question if you can or need to extend I-94? No - you can't if the H1 is expired.
On the other hand, even if your H1 is still valid, and you submit I-539, the validity of your I-94 will be only UP TO the validity of your H1. What's the point of wasting money here?

Once your H1 is expired, the only proof that you are in-status is your ORIGINAL I-485 receipt. Keep it in a safe place!
 
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What about my question

If Indians are asked to register, what happens to those of us who have pending GC applications and an expired H1. ?
 
There is no general answer to your question. The INS officer will look at your documents and make the decision based on them.

BUT, according to AILA, there has been an instruction by INS HQ to local INS that people with pending adjustment of status should not be referred to investigations.

My understanding is this: as long as you were maintaining status (for example your H1 was still valid) at the time when you filed your I-485, then you should be fine.

Till then .. nobody knows ....
Keep all documents in a safe place.
 
1 more question - Do you get the original I-485 receipt notice or lawyer does, or both? I do not have the original receipt notice. My lawyer scanned and sent me the one he received. Is the hardcopy of the original valid?

How do I get the original one if I had not got it in the first place?
 
Hmm .. that's strange ... because I-485 belongs to the petitioner/applicant, in this case YOU! However, I-140 and LC belong to the sponsoring employer.

My lawyer sent me the original I-485 receipt. They only keep the copy.
 
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