Required documents for filing EAD/AP

[meg_z]

• Copy of Form I-94 departure record (front and back)

I am reading the instruction of filing EAD. The above is one of the documents listed.

Is this the white I-94 one got when entering the US? Or is this the latest approval of a non-immigrant status, H-1 or H-4?

For someone who has not gone out of the US after the initial entrance, but has changed status, which one should one send with EAD application? Thanks.

 

[jk0274]

When in doubt, send both! One is proof of legal entry, and the other proof of legal (current) status.

 

[justdoit]

both should have the same I-94 number. I would send both.

 

[TheRealCanadian]

One is proof of legal entry, and the other proof of legal (current) status.

Whichever one was issued later is proof of legal entry *AND* legal status.

 

[meg_z]

Thanks to everyone.

Whichever one was issued later is proof of legal entry *AND* legal status.

Do you mean the latest approval of the H-1B extension serves as proof of both legal entry and legal status?

I have an additional question related to I-94. If one changed status within the US from F to H with no H visa stamp, what to surrender? The original one based on F visa or the latest H extension approval? Thanks very much.

Thanks, everyone.

 

[TheRealCanadian]

Do you mean the latest approval of the H-1B extension serves as proof of both legal entry and legal status?

If it has an I-94 on it, then yes. I'd still keep a copy of the original I-94, though.

If one changed status within the US from F to H with no H visa stamp, what to surrender? The original one based on F visa or the latest H extension approval?

I'd surrender both, and get a new I-94 when you return.