Expired I-94, Valid H1, Pending I485. Am I legal?

[vaishu.naidu]

I have a valid H1B visa till Nov 2010. I also have a pending I-485. But, my I-94 is expired. My attorney says that I am indeed in legal status on H1B though my I-94 expired as I had a pending I-485. I do trust my attorney, but I wanted to verify from some other different sources.

[veni001]

Originally Posted by vaishu.naidu

I have a valid H1B visa till Nov 2010. I also have a pending I-485. But, my I-94 is expired. My attorney says that I am indeed in legal status on H1B though my I-94 expired as I had a pending I-485. I do trust my attorney, but I wanted to verify from some other different sources.

If you do not have a valid i-94 until expiration of your H1B (till Nov 2010), then you no longer on H1 status. Since your i-485 is pending your status is AOS pending, which is your current legal status.

Please update your info, it doesn't show i-485 mailed date!

[vaishu.naidu]

Originally Posted by veni001

If you do not have a valid i-94 until expiration of your H1B (till Nov 2010), then you no longer on H1 status. Since your i-485 is pending your status is AOS pending, which is your current legal status.

Please update your info, it doesn't show i-485 mailed date!

Hi.. Thanks for your quick reply. My I-485 Mailing date is 17-Aug-2007. I went to India after that and on coming back at the port of entry, the officer stamped the I-94 card to my passport expiry date (July 2008). I did not notice that and realized only later that my I=94 card is expired. I spoke to an attorney and she said that since I have a valid EAD, Pending I-485, I im legal here on H1 unless my employer revoked it. She also said that I can go out of country and come back here on H1B visa. (She advised me to have a copy of AP at the port of entry just in case). Can you please let me know of it is correct. I am kind of a tricky situation because my wife went to India and her AP is expired. I am just wondering if she will have any problems coming back. Thanks for your help.

[veni001]

Originally Posted by vaishu.naidu

Hi.. Thanks for your quick reply. My I-485 Mailing date is 17-Aug-2007. I went to India after that and on coming back at the port of entry, the officer stamped the I-94 card to my passport expiry date (July 2008). I did not notice that and realized only later that my I-94 card is expired. I spoke to an attorney and she said that since I have a valid EAD, Pending I-485, I im legal here on H1 unless my employer revoked it. She also said that I can go out of country and come back here on H1B visa. (She advised me to have a copy of AP at the port of entry just in case). Can you please let me know of it is correct. I am kind of a tricky situation because my wife went to India and her AP is expired. I am just wondering if she will have any problems coming back. Thanks for your help.

Technically you are on AOS pending, since i-94 expired you are not on H1 status anymore, you can go outside Us and come back on H1, if you wish. Your wife can come back on H4 only if you are maintaining a valid H1 status otherwise only option to her is use AP, remember one can not apply for AP from from outside the US.

[vaishu.naidu]

Hi Venu,

Thanks much for your help. So, does that mean I can come back on H1 or AP. If I can come back on my old H1, then my wife can come back on H4 right. If not, the only way for me is to apply for new H1. can you please clarify.

[veni001]

Originally Posted by vaishu.naidu

Hi Venu,

Thanks much for your help. So, does that mean I can come back on H1 or AP. If I can come back on my old H1, then my wife can come back on H4 right. If not, the only way for me is to apply for new H1. can you please clarify.

You are absolutely correct.