Validity of EAD after AOS expiry date

[myuser78]

Hi,

 

My EAD is valid till May 2015 and my H1B is valid till May 2016.

As I travelled on my AP to India during Sept 2013, I have an AOS stamping till Sept 2014 and my I-94 also shows up till Sept 2014 when I try to retrieve from i94.cbp.dhs.gov. 

 

1. Does this mean my EAD and H1B (both with future dates) are not valid anymore ?

2. Can I continue to stay after my I-94 expiry in Sept 2014 ?

3. If I cannot stay, how do I extend my I-94 ?

4. My spouse is on her H4 visa. Does it affect her visa status also ?

 

If anyone has had similar experience travelling on AP, please share your knowledge on this.

 

Thank You!!

[pontevecchio]

1. No

2. Yes

3.NA

4. Talk to a Lawyer ASAP to do any damage limitation if needed. You may be considered to be awaiting AOS. The AP I94 has no meaning in law. You are legal to stay. The question is what they consider your spouses status to be as you are not in H1 status anymore . The problem can be fixed if you spend money on a Lawyer.

[myuser78]

Thanks pontevecchio.

If anyone has more info on #4, please advise.

[Belle]

4. Not clear. You are talking about YOUR I-94. Your spouse's status is a function of 1) you working for the H1 employer in agreed capacity and 2) his/her I-94.

[myuser78]

For 4) - It is about my wife's H4 status. As I am parolled, Is her H4 still valid as she did not apply for EAD along with mine ?

[Belle]

For 4) - It is about my wife's H4 status. As I am parolled, Is her H4 still valid as she did not apply for EAD along with mine ?

Whether she applied for EAD is irrelevant. If you are paroled, and you still work for the H1 employer, your spouse may continue on H4.