Question- AP,H1 and I 94

H

hambir

Registered Users (C)
I have a question for experts
I plan to travel to India on AP.
485 Pending
h1 filed for extention, awaiting approval, but no stamp on pasport so trvling with AP


Question- When I leave US, i have to give I 94 correct. Problem is my I94 (based on H1) expired June 15. I filed for h1 extention June 1 so i am not out of status. I also have always had ead card.

When i surrender expired I 94 will there be an issue when i reenter?
Thanks
 
hambir said:
I have a question for experts
I plan to travel to India on AP.
485 Pending
h1 filed for extention, awaiting approval, but no stamp on pasport so trvling with AP


Question- When I leave US, i have to give I 94 correct. Problem is my I94 (based on H1) expired June 15. I filed for h1 extention June 1 so i am not out of status. I also have always had ead card.

When i surrender expired I 94 will there be an issue when i reenter?
Thanks
Click to expand...
When you applied for 485 ( & got a receipt ), you are never going to be out of status ( well unless of course the 485 is denied ).
So, you are OK - no problem with status.

Maybe you can also have a copy of your H1 extension receipt.

Also check this with your attorney --> after you use AP for re-entering, am not sure if you can use your H1 -- I thought using AP means you would have to use your EAD for work - am not sure - maybe someone here has gone through this :)
 
Specifically does 1 94 matter

thnks
realize that h1 isnt valid after using ap
but my question was- does exipred 1 94 which i will surrender at port of exit matter? when i come back in i will have ap and ead card etc
thanks
 
When did you file your 485? When did you get your AP? If you got before April 15, you are not out of status. You should submit your expired I-94 - no problems. You can enter on AP and still maintain your H1 visa status. H and L visa are not invalidated by using AP as they are dual intent visa(other do get invalidated).
 
hambir said:
thnks
realize that h1 isnt valid after using ap
but my question was- does exipred 1 94 which i will surrender at port of exit matter? when i come back in i will have ap and ead card etc
thanks
Click to expand...
Yeah - your status is OK --
you filed 485 before your current H1 expired....
plus you've also filed for timely extension of your H1 - so you are OK by all counts :)

Jharkhandi:
Thanks for pointing out that even after using AP, you can continue to use the H1 for work.
I was not aware of it ....
 
Hi,

Jharkhandi is correct. If your 485 is filed before i-94 got expired you are in good status. I dont know you are talking about i-94 card in passport or H1B copy. Evenif your I-94 is expired on passport( arrival/departure doc)....you will have I-94 in your H1b is valid after applying I-485, means you are ok and that you have applied for extention of H1B.....meaning you are in good status.

Even if you use AP for travel.....nothing to worry about arrival/departure card(i-94) expiration if your status ok. This is my openion.

Please also check with other senior members

Thanks,
skarza
 
hambir,
Eventhough you applied for H1 ext, if U do not use H1, you would be in Adjustment of status. Also, all those who did not apply for H1 ext but travelled on AP would have returned an expired I-94 right. what else can they return, you would be doing the same. But once you enter into US using AP, you cannot work on H1. you should be working on EAD. Before leaving the country, update your employing company with your A# and fill in the I-9 form (verify the form number correctly). Consult your attorney too.
 
Response from my lawyer

Hey hambir, this the response from my lawyer

If you travel using the Advance Parole, you must start working using your
EAD card upon your return to the U.S. However, you can travel using your
valid H-1B approval notice as long as you have a valid visa stamp in your
passport. If you travel with your H-1B, you should also carry the I-485
receipt notice with you.
 
Question is about I94

thnks
but all, my question is really about

as my h1 has expired my i94 has also expiured. is there any problem with surrendering expired I94 at airport before departure?
thnks
 
hambir said:
thnks
but all, my question is really about

as my h1 has expired my i94 has also expiured. is there any problem with surrendering expired I94 at airport before departure?
thnks
Click to expand...

No, there is no problem, provided you have a valid H1 extension. Your Notice of Action for H1 extension has an I-94 (bottom part of notice). After your original I-94 expires, that is your new I-94.
But if you filed your I-485 before your H1 expired, that's Ok too, even if you don't have H1 extension (and new I-94 for that matter).
 
Last edited by a moderator:
Jharkhandi said:
When did you file your 485? When did you get your AP? If you got before April 15, you are not out of status. You should submit your expired I-94 - no problems. You can enter on AP and still maintain your H1 visa status. H and L visa are not invalidated by using AP as they are dual intent visa(other do get invalidated).
Click to expand...

Which means, a person can work on EAD and in case I 140 gets rejected can always go back to H1 to continue work, is this true ?
 
RoaringBull said:
Which means, a person can work on EAD and in case I 140 gets rejected can always go back to H1 to continue work, is this true ?
Click to expand...
Go out of USA, re-enter on H1b visa and continue - yes.

Continue staying in USA and 'think' that he/she is on H1b - no.
 
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