Advance parole expires. WIll my stay be valid in EAD with expired parole status?

[GCBy3000]

Hi,



I entered US in AP in May 2008 and I am in parole status. I am using my EAD which is valid till OCT 2010. WHat will be my status after May 2009 when my parole status expires as per my I94 card. I can renew my AP, but I dont see any co-relation with my I94 parole status expiration with my AP renewal. Can someone throw some light on this one?

Thanks

[dupedinjuly]

Please look up on web
"April 2, 2008 USCIS – AILA Liaison Committee Agenda FINAL"

It addresses this issue, I looked it up a lot last year and found it.
However, it is difficult to convince someone as this is not an official document/memo from USCIS

Here is the snippet.

3.
Extending an AP issued Form I-94
a. AILA once again asks USCIS to provide a mechanism to extend an advance parole Form I-94 issued at the time of entry. Currently, pending applicants for adjustment who use a valid advance parole to re-enter the United States are issued an I-94 for a one year period. Under recently-adopted regulations of the DHS implementing REAL ID, aliens may not be able to obtain or renew REAL ID compliant state driver’s licenses and non-drivers licenses without providing an unexpired Form I-94 as proof of maintenance of status.2
Response: USCIS is not weighing presently any initiatives to extend the I-94 validity period. Under the Federal Register RIN 1601-AA37, “Minimum Standards for Driver's Licenses and Identification Cards Acceptable by Federal Agencies for Official Purposes,” the document list provided in the proposed regulation and adopted under this final rule relates to demonstrating identity only, and not lawful status in the United States. The DHS agreed with those who suggested in their comments that any document verifiable by SAVE should be acceptable for proving lawful status, and the final regulation provides the same. Such documents may include the Forms I-797 and I-94, which provide sufficient information for a State Department of Motor Vehicles to check SAVE.

b. AILA requests that USCIS confirm in a policy memorandum that an individual whose application for adjustment of status remains pending is lawfully present in the United States regardless of the fact that the individuals advance parole related Form I-94 may have expired.
Response: No unlawful presence begins to accrue upon the expiration of an I-94 where the subject of the I-94 has an I-485 properly pending before USCIS.
We will review whether your concerns warrant clarification in the form of a policy memorandum.

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Oh I can attach file, well you can read the whole document if you would like, its attached.
Well its giving errors, you can look it up on web.

[reddog]

AP is just a travel document. I-94 based on AP is simply a token.
Your status, once you are admitted in the country based on your AP is "Adjustment of Status".

[Img]

My H1 is expiring too and since I am on EAD now, I guess I do not have to worry about I94. Is that correct ?

[rvr_jcop]

Originally Posted by Img

My H1 is expiring too and since I am on EAD now, I guess I do not have to worry about I94. Is that correct ?

Correct. Your status becomes AOS pending. You dont need to do anything and I assume you send your I-9 form to your employer as you are on EAD. But make sure you have the new AP travel document in hand before you travel out of the US unless the old is not expired yet. Do not ever go by the date on I-94 they give you to return back. That date means nothing and they give it for one year no matter what, even if your Ap expiring tomorrow. Hope this helps.

[Img]

Thanks rvr_jcop. That makes me feel better.

[krishnam70]

Originally Posted by Img

Thanks rvr_jcop. That makes me feel better.

To the starter of the thread
There is a section on Wiki page that deals with this question. There are lots of threads that deal with the same question. A simple search in the forum could give you an answer. I do not know why same questions are asked in new threads.

Guys please do a simple search before you open a new thread. It will help people more if questions are consolidated in one place and makes it easier to read/get advise instead.

good luck

- cheers
kris