Process - GC through Family
- Thread starter Amherst22
- Start date
amishah said:
Thanks Amishah. Another question: Even though I am on a H1B visa right now, which will expire in a few months, I went ahead and applied for my EAD. However, once my H1-B visa expires (and EAD approval still pending), will I be out of status? Can I leave the country on business/personal trip based on an advance parole (I have applied for that one too)?
I was reading sombody's story where her I485 was denied because she overstayed her tourist visa and even though she had her advance parole to travel outside the US?
Thanks.
Once you received a Receipt Notice before your H1-B expries, you will be still in status. Your status will be "Adjustment of Status" regardless of EAD approval. EAD doesn't determine person's status. It is just a work permit. As long as you have not overstayed your visa, you can travel with your AP without any problem. For example my husband came here on student visa, before his student visa expires he got his H1-B visa and before his H1-B expires, he is on "AOS" status. And so he will be able to travel overseas on his AP without any problem.Amherst22 said:
amishah said:
Thanks again. So if I understand correctly, it means that once I receive my NOA (say today) for my pending AOS, I will be IN status even after my H1B expires (say next month). And EAD is only a permit for work auth in the US and AP a permit to travel outside US in the interim.
Yes NOA is same as receipt notice. When you will receipt notice, on top right corner it will say "Notice of Action".Amherst22 said:Phew.. that was tough
Oh! by the way is NOA the same as the receipt notice you receive after they cash your checks? And what is LUD?
LUD - Last Updated Date
Once you get your receipt notices, you will be able to open your portfolio on www.USCIS.gov where you will be able to add all your cases and set up an Email updates which will Email you every time there will be any updates on your cases.
Be careful
One note:
The expiration of your visa does not necessarily matter....your I-94 date is what constitutes an "overstay" in some cases. My husband has a valid visa (tourist visa) but because he stayed past the date listed on his I-94...he is considered out of status. Even if he filed and got AP and left the country.....upon re-entry into the U.S. he would trigger a 10 year ban from the U.S. because he stayed over 180 days past his I-94 date. They will definitely give you AP....but that does NOT guarantee re-entry into the U.S. if you have overstayed your I-94. This is where people get in trouble.
We have to wait until he gets his green card before we can even consider leaving the country!
Good Luck!
P.S. I am not a lawyer - if you are about to make a decision in regards to traveling outside of the U.S. - I suggest contacting one! Everyone has slightly different cases....I would only rely on the advice of an immigration lawyer regarding the specifics of your case.
One note:
The expiration of your visa does not necessarily matter....your I-94 date is what constitutes an "overstay" in some cases. My husband has a valid visa (tourist visa) but because he stayed past the date listed on his I-94...he is considered out of status. Even if he filed and got AP and left the country.....upon re-entry into the U.S. he would trigger a 10 year ban from the U.S. because he stayed over 180 days past his I-94 date. They will definitely give you AP....but that does NOT guarantee re-entry into the U.S. if you have overstayed your I-94. This is where people get in trouble.
We have to wait until he gets his green card before we can even consider leaving the country!
Good Luck!
P.S. I am not a lawyer - if you are about to make a decision in regards to traveling outside of the U.S. - I suggest contacting one! Everyone has slightly different cases....I would only rely on the advice of an immigration lawyer regarding the specifics of your case.
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im2003 said:
You maybe right, since people ariving on tourist visa are generally allowed to stay around 6 months at a stretch per entry. But in cases related to non-immigrant work visa (such as H1B or L1), its could be a different scenario. For e.g. your initial visa (H1B or L1) is valid for 3 years and your I-94 date might show the date at which this visa expires. However, if you are in the country and apply for another extension (for additional 3 years) before the initial 3 yr period expires. In that case, your I-94 still will have the old expiration date but you are still IN status with an extension to your visa. Well, this is my notion. As you said, got to talk to immigration lawyer, if the situation arises.
Thanks
amishah said:
Yes, when you are inside the US and apply for an extension of the visa, you get a new I-94 (in the I-797 form) with a new extended date. Now, in your passport, you may still have the old I-94 with the expired date (assuming you never left US) but as long as you have new I-797 form with an extension and now you happen to travel overseas, you come back with a new visa extended to the most recent date. However, if your non-immigrant visa has reached its max quota of 6 yrs with no chance of extension, and you travel outside, my guess is you are still in valid status since you have NOA for a pending AOS before your visa expired!
In a nutshell, even though the date on the I-94 might be expired but as long as you have an extension and obtained it within the expiry of the original I94 date, you should be fine with a legal status.
Another question, when you travel overseas with a pending AOS, do you submit a copy of the new I94 to the USCIS upon return, and/or do you need to submit anything to the USCIS?
Thanks
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