Urgent I-94 Expiration Question!

Q

quattro

New Member
Hi Folks

Here's my situation:

* My Adjustment of Status is pending, with an I-485 Receipt Date of November 16th, 2001.

* I have an H-1B (extension) approval notice valid for the next one year, however, the H-1B stamped on my passport is already expired.

* The last time I went out of the USA, I had both the H-1B extension _and_ Advance Parole documents with me. For convenience, I chose to enter USA using Advance Parole (instead of getting a new H-1B stamp).

* As a result, the I-94 I have has the expiry date of the Advance Parole on it, which is, like 10 days from now.

I was under the impression that you can legally stay in the US as indicated by the date on the I-94. My question is: is this a problem? If yes, what could I possibly do?

Regards and thanks
-A
 
Similar question

My H1-B expired in November, and so did the I-94 that went along with it. I have EAD and Adv. Parole for the next one year, but no I-94 to go along with that. You get a new I-94 only when you re-enter the country, right? So, is it fine to just have an expired I-94, EAD & Adv. Parole? Anybody in the same situation? :confused:
 
No this is not a problem.

You are in status just because your 485 is pending, no need to worry....

I-94 can expire, it is not symbol of status,

Talk to your lawyer...
 
Yes, you won't be out of status. However, since you entered US using advanced parole, you may have lost your H-1B and you may not be able to use H-1B to work and have to use EAD. Do check with your lawyer.
 
In fact I'm pretty sure that yo HAVE lost you H1-B status one you used your AP. Not to worry - just use EAD for employment.
I-94 is of no consequence for I-485 filers - it only serves as a proof that the filer was in status at the time of fling, so no worries their either.
What does worry me in your case is that fact that H1-B extension has been filed and approved. I aslo hope it was filed before you re-entered on AP, because, as I said, your H1-B was voided the second you used AP and you were no longer eligible for H1-B extension. This is not something to be overly paranoid about, but please do talk to your lawyer and make sure thay they know that you were parolled into the US instead of entering on H1-B. Also make sure that your employer updates your I-9 accrding to your EAD.
Hope this helps
 
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