I-94 Expiry Due to Passport Expiry-Urgent


fkhalid

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Hi All,

My I-94 is going to expire in Dec-2011 due to my passport expiry date. I have got new passport. I came to USA on H1-B visa and have received my EAD card last month which has clearly mentioned that it can't be used for re-entry to USA. So Going out of country and came back for I-94 extension is not an option right now. I have JFK airport near by which was my port of entry also. Can any one please guide me how to get I-94 extension/new card. Will CBP office at JFK do this or I have to contact USICS or any other party??

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Hi,

If I am not wrong, First stage is H1, Then you apply for green card and during that process you receive EAD which change your status from H1 to EAD card holder and after that you receive your green card. The main question is same as how should I proceed with extending my I-94 card which is going to expire soon. appreciate your kind reply.

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please consult a lawyer.

your question/situation is not clear about the role of EAD. but to answer your I-94 problem, you can try deferred inspection and have them correct (or issue a new) I-94 with your H1 validity.

Originally posted by fkhalid:

Hi,

If I am not wrong, First stage is H1, Then you apply for green card and during that process you receive EAD which change your status from H1 to EAD card holder and after that you receive your green card. The main question is same as how should I proceed with extending my I-94 card which is going to expire soon. appreciate your kind reply.

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  • 2 weeks later...

Have you filed for adjustment of status? Is the EAD code ©(9)? IF yes, file for a replacement EAD with an I-131 for advance parole to get a combo card in order to allow travel without endangering the I-485.

Unless you have grave doubts about the success of your I-485 being approved, you don't have to maintain the H1-B after filing the I-485.

IF the I-485 is in doubt, then see a lawyer about your situation.

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Hi,

Yes I have already filed I-485. my employer has also already filed I-140. I don't have Advance parole right now.

I have all the documents correct and currently working for the same employer who sponsored my H1. No issues from employer side. What are the factors which involve thinking about I-485 rejection?

Also it is mandatory to have advance parole and go outside the country and reenter. Can we get extension while staying in USA. I have checked with CBP office JFK and they are not extending the I-94 card.

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First things first--get the terminology correct. You are afraid of the I-485 being DENIED. A form gets REJECTED rather than ACCEPTED for filing. Rejections are for technicalities such as no current priority date or a fee issue or clear ineligibility like no lawful entry or being out of status.

Someone with an H1-B or L non-immigrant status is NOT required to have advance parole and may continue to renew the H or L status and use that to travel and this will keep the I-485 alive. People with weak cases for an immigrant visa can fall back on the H or L status if the I-485 is denied. IF the I-485 is filed after a certain date several years ago (I'm not looking it up) then the EAD and AP are included in the price of the I-485 and it makes NO SENSE not to have them.

Even if the I-485 was filed when the fees were separate, they are cheaper than renewing the H or L status. Weak EB immigrant cases tend to be worried about keeping the underlying non-immigrant status valid.

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Joe,

My I-485 processing date is current (because my country's EB2 category's date is current). Sorry for confusion regarding word REJECT, MY case was accepted and I was given receipt of my I-485 case. I forgot to file I-131 with my I485 that's why I only got EAD without AP. I have checked from USICS website and I can file this form without any additional fee.

Again my first question was regarding I-94 extension. Since I have filed I-485 and have already received EAD, Should I still need to apply for I-94 extension which is only for non-immigrants (as I came here on H1B). Or am I thinking wrong and have to file for extension on I-94 even I have applied for GC i.e. I-485.

CBP is not extending I-94 on Airports port authority offices. What are other options do I have.

I really appreciate you for taking time to reply to my odd questions.

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There are a number of issues to be concerned with based on the information provided.

To begin with, in general, it is correct for the CBP to issue an I-94 only for the duration of the passport validity. As such, the CBP would not correct this I94 or issue a new I94. In this circumstance, one may apply for an H1B extension before the expiration of the I94 card, rather than waiting for the I-797 Petition expiration date. Travel may also be an option. However, as you have a pending I-485 application and no advance parole, this should be discussed with a qualified and experienced immigration in order to determine if travel will put your green card application at risk.

EAD is not a status, it is a benefit based on your pending I-485 application. If your H1B status expires, and you have a pending I-485 application you will be in the U.S. in a period of authorized stay. You may be able to continue to be lawfully employed based on a valid and unexpired employment authorization document (EAD).

Again, you need to consult directly with a qualified and experienced immigration attorney regarding maintaining your H1B status and the pending green card application so that you do not jeopardize your cases and status in the U.S.

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Thanks for the quick reply,

Actually my H1B is valid till Sep-2013, Do I still need to apply for extension of H1? or only have to go for I-94 extension by filing I-102 form

Similarly I know few friends who came here on H1B and now have EAD since 2005 and every year they renew EAD as their I-485 is pending.

So again my case is little complicated due to I-94 and pending I-485. Defiantly I will consult my Attorney who filed my case and will check with him about available option.

The reason of consulting on this forum was to find the solution/options I have and have proper knowledge before going to attorney (if required) so that I may not do any thing silly....

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