Using AP to re-enter - I-94 validity.

H

hiphiphurray

Registered Users (C)
We have approved H1/H4 visas approved upto 2009. But we plan to use AP to re-enter US to avoid the hassle at the consulate. When we leave US , we need to surrender the I-94s at the airport and get a new one when re-entering. I know that if we get H1/H4 stamped on the passport, we would get new I-94s valid till 2009 but what happens when we use AP? Will the I-94be valid only till next year or we can use the H1/H4 status and not renew AP next year? These immigration laws can be very archaic and confusing because they leave too many things to interpretation.
 
I did post the same question some time ago today... I hope someone will post a reply.

hiphiphurray said:
We have approved H1/H4 visas approved upto 2009. But we plan to use AP to re-enter US to avoid the hassle at the consulate. When we leave US , we need to surrender the I-94s at the airport and get a new one when re-entering. I know that if we get H1/H4 stamped on the passport, we would get new I-94s valid till 2009 but what happens when we use AP? Will the I-94be valid only till next year or we can use the H1/H4 status and not renew AP next year? These immigration laws can be very archaic and confusing because they leave too many things to interpretation.
Click to expand...
 
Using AP while re-entering, you dont need a stamped 'H' visa.

Can anyone post what the I-94 validity would be for someone who want to keep 'H' status after using AP?
 
Yeah, that's what I thought. So my question in another thread was (and I believe hiphiphurray wondered the same) what should applicants do after the I-94 (AP) expires? H and L holders are considered to be maintaining their status even if they re-enter on AP (as long as they have those valid status and keep the same employment). But they end up being without any I-94 after the AP's I-94 expires, in that case?

tammy2 said:
It would be one year.
Click to expand...
 
I also confirmed (using google) that you get one year on your I-94 if you use AP. This is truely a grey area.
 
Well, I guess that would be a little anxiety... most of the I-485s get approved in the end, unless there is any serious issue with the application, but still... your AP I-94 expires, you don't have a valid H1-b I-94, and H1-b extension time is still some time away... what if anything wrong happens to AOS in that situation, I wonder.

TheRealCanadian said:
That is an area I do not believe the Cronin memorandum ever addressed.
Click to expand...
 
Reply from my attornery

"...If you travel on Ap, the Officer should stamp 'D/S' - Duration of Stay, not the exp. date of your AP."
 
So what should one do?

If the new I-94 given while using AP is valid only for a year and the H-1 is valid for more than one year from latest entry using AP, what can we do?

I read a while ago somebody in this situation did an amendment to the existing H1. Comments please. Thanks.

TheRealCanadian said:
They haven't been doing that for several years now.
Click to expand...
 
My 2 cents

Here's my thoughts on this - Once you file I-485 (AOS), you are automatically in status. Now, to work you can either use H1 or EAD (that is upto you) with the caveat that once you use EAD you are no longer in H1 status. When leaving the country with expired I-94, show your I-485 receipt and AP as evidence that you are in status.

Just make sure that you were always in status in between all this so that you dont have issues when re-entering using AP.
 
You must log in or register to reply here.
Top