Do I need to extend I94 which is expiring before EAD/AP expiry

[Godee]

Hello,

I'm currently on EAD status (AOS; 485-pending) which is expiring on Feb 13th 2015. I went to India last year on December 12th 2013 and came back on Dec 29th 2014. My I94 was stamped for just one year and is expiring on December 28th 2014. I'm already due for extending my EAD/AP which is expiring on Feb 13th 2015.

Do I need to extend my I94 (by filling I539 form or so) or do I need to just file for EAD/AP extension which I can do now (120 days before expiry). What if I do not get EAD/AP before expiry of I94 on Dec 28th ? Will I be of status in that case? In order to prevent this situation, do I need to file for some extension on I-94 (form I-539 or so)  OR is there any other alternative ???

I have to travel to India again in Feb 2015 and would appreciate your feedback since I'm running out of time on I94 extension. I am worried I would run out of status or something similar and face trouble later so I want to stay on the safe side and quickly figure this out.

Please advise !!


Thanks,

 

[itsmeusa]

When you are not using H1b, but using EAD, then expiration of I-94 doesn't impact your stay / work authorization. Let it expire. As long as your I-485 is pending, law provides you statutory authorization to stay in US. EAD gives you work authorization.