Please advise

[El Liu]

My H1B will expire in March 2002. My lawyer is currently helping me to renew the H1B. I intend to apply EAD & AP (walk-in to Boston INS)but lawyer suggested I should wait until I received my H1B renewal. He told there will be a conflict if I apply both at the same time.

In Feb 2001, I went to Canada for a short business trip. (FYI. I am holding a Canadian passport.) The officer took away my original I94 which has already expired (I originally came by TN visa.) My lawyer said that I might have some problems renewing my H1B because my I94 is currently "pretty mess up". The officer didn\'t issue a new I94 when I came back to US. But I am so confused, why should the officer issue a new I94 while my current I94 (attached with the H1B paper) is still valid till March 2002. My lawyer told me that I can\'t proof that my last date of entry is actually in Feb 2001 because I don\'t have the new I94 to proof that?? What kind of problems am I facing here?? Is this a serious problem?

 

[jaxen]

No Title

You need a I94 every time you cross the port of entry. A i94 is issued to you along with the H1 approval so that you do not have to go out to a POE to get a new I94 based on the H1 approval.
Your I94 that came with H1B is now like an old I94 although the expiry date is in the future.
This can be corrected by visiting the local INS and Boston is pretty good place to do that, so no sweats.
Hope I gauged your situation right. If not please line up the facts on a timeline since I am not sure whether you got the H1 approval before your visit to canada or not.