Pending I-485 and I-94 Question

S

Sharabi

Banned
Folks,

You know there was a memo sometime back in which there was confusion as to what do if your I-94 is expired while your Adjustment of status is pending.

Today I called Immigration information centre and spoke to immigration officer.....I told him that about a year ago I entered united status using advanced parole and I have been contuning to work on EAD but my I-94 has an expiration date which a month from now....i asked him if my AOS is pending and it is very much likely that by then my case will not be approved.....so i asked him whether i will be in status or not or whether or not i needed to go to some place like local INS officer to renew /extend I-94. She told me that she didn't understand why I was given I-94 at the port of the entry....in this case they should have given one copy of Advaced parole and stamped on it.

Can anyone in similar situation tell me whether they were given I-94 (white, arrival/departure form) at the time of entry into united states and also what are u guys while I-485 pending and staying past the I-94 expiration date ?
 
I am pleasantly surprised to see such an interesting post from you.

But I am sorry to tell you that I am not in a position to give you any advise or opinion.

I will keep checking this link to see the reponse for any knowledgeable person.
 
Hi pingpong,
you seem to have addicted to this website. I am surprised on seeing the timestamp (night 12.30) of your post. you are crazy.
Too much addiction is not good.

To sharabi :
Once you are in AOS status and working on EAD, your I94 has no meaning. Take the case of a person whose H1 is valid till Oct'03.
If he goes to india on a vacation and comes back now, his I94 will show valid till Oct'03. The candidate will extend his H1 in October and his new h1 will be valid till 2006. But he don't need to goto a INS office and change the date on I94. So don't worry .
 
Regardless of whether you are on H1 or a 485 applicant, you will be given an I-94 when you enter the US. The I-94 is the only way that the INS can track people as and when they enter this country.

So when you came in using your AP, what they would have done is look at your AP and stamped your AP with the date of entry and also your I-94 saying you are I-94 applicant. The validity of the stamp on your AP and your I-94 is usually one year from the date you entered (even though your AP would have expired by then) !

So in a nutshell, you will always be given the I-94, and it is OK to stay beyond the date stamped on your I-94/ AP since you are a 485 applicant.

Hope this helps. Just so you know, I speak this from my own experience !
 
user23,

Thanks for the Murthy link. That was the most clearcut explanation i have ever heard on this topic. Thanks again I really appreciate it.

It amazes me as to how much ignorant these BCIS information officer could be.....i had called and spoke to immigartion officer at three different port of entry and i ahd got three different answers. Then i Called national customer service who forwarded my call to immigration officer...who kept me on hold for 10 minutes as he was discussing these matter with some other person....after 10 minutes he told me that I should not have been given i-94 at the time of entry....took my number and told me that some other immigartion officer will call me.....needless to mention ....never got a call....nor do i expect a call !
 
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