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My EAD/AP combo card is valid till 30th March, 2015.
I recently traveled overseas for work and had to go to secondary inspection as required; there they guy stamped my passport saying "Paroled till 6th March, 2015" i.e. for one year since my arrival.
I arrived on 7th March, 2014 and the passport was stamped till 6th March, 2015.
1.) Does that mean my AP is valid till 6th March, 2015?
2.) What does Parole valid till mean?
"II (3)(b)Quote:
Originally Posted by smuggymba
AILA requests that USCIS confirm in a policy memorandum that an individual whose application for adjustment of status remains pending is lawfully present in the United States regardless of the fact that the individuals advance parole related Form I-94 may have expired.
Response:
No unlawful presence begins to accrue upon the expiration of an I-94 where the subject of the I-94 has an I-485 properly pending before USCIS.
We will review whether your concerns warrant clarification in the form of a policy memorandum. "
http://www.uscis.gov/sites/default/f...ILA_2Apr08.pdf
Quote:
Originally Posted by smuggymba
I had similar experience, when I checked with my attorney I was told that, this I-94 doesn't matter and I could stay as long as I have a valid EAD. Validity of EAD could be found in your EAD/AP combo card.
GCKnowHow - good morning.Quote:
Originally Posted by GCKnowHow
Your attorney should've said - you could stay as long as your 485 is pending or approved. That would be more accurate (see Kanmani's post).
EAD is not a means to stay in US nor enter US.
GCKnowHow,Quote:
Originally Posted by GCKnowHow
You can stay as long as I-485 is pending in the absence of H1b/I-485 combination. EAD is just a work authorization and doesn't validate the status of the AoS applicant.
In other words, you can stay beyond the expiry of EAD as long as I-485 is pending.
Thanks Q.
Quick question - I'll move this post when I get the answer.
My wife is on EAD / AP (so am I but I have a H1 too). We just realized, when we entered the country using AP last July, they stamped her I94 for 1 year so valid until this July. Does she need to leave the country and re-enter ?
Also, I don't have a H1 visa stamped on my passport. I travel on AP too but still working with my original employer using H1. Do I need to leave and re-enter ?
This will impact my RFE response time .. urgh!
I was told to reapply the AP as you get closer to the AP expiration date; 1 year from the date of arrival. It stays true even if you have more time in your EAD/AP card. At the airport they can't give you more than 1 year of AP. You get more time on AP (1 year) if your arrival date is closer to the EAD/AP card expiration date.
Just an edit, your EAD is valid for 2 years right? that save you/your wife to retain your job, AP is what you are using to go out of the country and come back in, you need either a valid AP or a visa to come back in. You can't go out of the country as long as you have pending AOS, that's where AP helps, I think.
Viz,
As long as your AOS is pending, you are good.
No need to worry about any dates on I-94 or anything.
Even renewal is not mandatory, but having a valid AP helps.
Quote:
Originally Posted by vizcard
One clarification, you can never be out of status if your AOS is pending.
Also some form of work authorization is needed.
H1-b or EAD but not both. Hope this makes it clear.
Quote:
Originally Posted by shekhar_kuruk
Viz, Please check my earlier post here .......http://www.qesehmk.org/forums/showth...5654#post45654Quote:
Originally Posted by vizcard
Thanks Kanmani and others