View Full Version : AP, I94 dates mismatch
Pundit Arjun
02-23-2014, 01:36 PM
Dear All,
I noticed today that my I94 date (provided at the port of entry) expired in August 2013. I used my Advance Parole document during re-entry (which doesnt expire until first quarter of 2015).
I always remembered my AP expiration date since my DL reflects the same date.
Am I in trouble (staying beyond my I94 expiration date) ?
I will touchbase with my attorney tomorrow for advice as well.
Best,
Arjun
Pundit Arjun
02-23-2014, 01:46 PM
Dear All,
I noticed today that my I94 date (provided at the port of entry) expired in August 2013. I used my Advance Parole document during re-entry (which doesnt expire until first quarter of 2015).
I always remembered my AP expiration date since my DL reflects the same date.
Am I in trouble (staying beyond my I94 expiration date) ?
I will touchbase with my attorney tomorrow for advice as well.
Best,
Arjun
Sorry for the confusion folks. I had my AP renewed after my entry and hence its dates are in 2015. Wow, had a minor cardiac arrest :)
Q or Moderators, Please delete the thread.
Kanmani
02-23-2014, 09:11 PM
Sorry for the confusion folks. I had my AP renewed after my entry and hence its dates are in 2015. Wow, had a minor cardiac arrest :)
Q or Moderators, Please delete the thread.
Arjun,
To avoid future attacks please have the following in mind.
1. Once filed I-485 and keeping it pending you will never fall out of status.
2. Advance parole I-94 date is irrespective of your status because after using AP you have no status at all. You are AOS pending .
3. If you are still working with H1b employer, you don't have status other than AOS pending. After using AP you are not in H1b non-immigrant status. But H1b work authorization is still valid.
4. Once you extend your H1b petition, you will regain your H1b status.
When do you fall out of status?
Entering POE with H1b Visa stamp, returning to the H1b employer, forget I-94 expiry date and continue to work with H1b employer without valid EAD.
PS: Your I-94 expiry date has nothing to do with the AP renewal date. AP renewal doesn't reinstate the I-94 validity as in the case of H1b renewal. Please re-collect that H1b approval document has separate I-94 attached at the bottom. Your understanding is wrong, but you are very much fine at this point nothing to worry.
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