I-94 Expiring before EAD/AP

[anandchakru]

Hi there,

Background:

I traveled outside U.S and returned back on 11/19/2017 using my EAD/AP (valid from 01/30/2017 to 01/29/2019). In Port of Entry, I got an I-94 which says Class of Admission: DA & Admin until date: 11/18/2018.

Few questions:

1. Should I extend I-94 using https://www.uscis.gov/i-539 ?

2. Or Shall I apply for EAD/AP renewal directly - if I do it now, and not receive the new EAD/AP before 11/18/2018 am I overstaying or in any trouble ?

3. EAD/AP renewal can be done before 120 days before expiry or 180 days before expiry?

[pontevecchio]

1. That would be silly. You have been paroled in to resume AOS. That I94 is irrelevant.

2. You should always keep EAD/AP current by applying for renewal up to 120 days before expiry.

Again I say the I94 you refer to has no meaning to you and has no effect on your status. 

[Andupo]

doesn't i94 supersedes everything? Doesn't one need valid i94 to be able to stay in US? 

[newacct]

3 hours ago, Andupo said:

doesn't i94 supersedes everything? Doesn't one need valid i94 to be able to stay in US? 

Someone with a pending I-485 can stay in the US regardless of whether they are in status or not.

[pontevecchio]

In the context of AP, I94 has no meaning.

[Andupo]

Thanks

[varun304]

@anandchakru Any update re your situation. I am in the same boat whereby I-94 expiring while AOS pending and have AP/EAD. Lawyer recommends to leave country and re-enter to maintain valid I-94.