Stuck with someone else's I 94!

[programmer76]

Hi,

(1) I've a serious problem about my wife's I 94. My wife's mother by mistake traveled back to India using my wife's I 94 and left her I-94 here with us. That means at POE, my mother in law submitted my wife's I 94 when she left USA. So I guess in the INS record my wife is out of USA now even though she is still here. How to resolve this issue?

(2) I moved to new house. Do I need to send copies of I94 with change of address form? If I can do change of address without sending I 94 then I would rather do that way because of my current situation.

(3) I entered in USA in beginning of 2006 using advance parole. But I'm still maintaining my H1 and working with same employer who filed my GC and holds MY H1. I don't have visa stamp but my H1 is valid until 2007.

I am planning to go to India next year and planning to come back using advance parole. I want to have EAD card with me just as a safety in case they ask for it at POE. If I apply for my EAD now then there will be problems or concern because my I94 says that I was admitted on advance parole but I'm working on H1 without EAD last couple of months?

I will really appreciate if Gurus can answer these questions.

Thanks

 

[ginnu]

Hi,

(1) I've a serious problem about my wife's I 94. My wife's mother by mistake traveled back to India using my wife's I 94 and left her I-94 here with us. That means at POE, my mother in law submitted my wife's I 94 when she left USA. So I guess in the INS record my wife is out of USA now even though she is still here. How to resolve this issue?
------------- if your wife I-94 expiry date is till valid then I think you can file for I-94 through form I-102, write the details what happned on letter that has to be signed by your wife, date of entry, I-94 validity, Port of Entry, copy of passport pages that have stamp of her entry to US
http://www.uscis.gov/graphics/formsfee/forms/i-102.htm
(2) I moved to new house. Do I need to send copies of I94 with change of address form?
-----------NO
If I can do change of address without sending I 94 then I would rather do that way because of my current situation.
---------- you can sent your AR11 and wife can send her AR11 without sending I 94 (I-94 is not required) FYI the AR11 will NOT change your address on pending petitions with USCIS, you need to update USCIS by writing letter and also call up 1800
(3) I entered in USA in beginning of 2006 using advance parole. But I'm still maintaining my H1 and working with same employer who filed my GC and holds MY H1. I don't have visa stamp but my H1 is valid until 2007.
---------- you are on H1 status
I am planning to go to India next year and planning to come back using advance parole. I want to have EAD card with me just as a safety in case they ask for it at POE.
-----------they need the valid AP that is filed in US and approved BEFORE you go out
If I apply for my EAD now then there will be problems or concern because my I94 says that I was admitted on advance parole but I'm working on H1 without EAD last couple of months?
--------- you are on H1 status and can file H1 extension. better to file or keep valid EAD and AP. EAD in not needed for Entry to US, for entry you need H1 stamp or AP
I will really appreciate if Gurus can answer these questions.

Thanks