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All other Green Card Issues I-140/I-485, Family Based Green Card

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  #1 (permalink)  
Old 02-22-2009, 10:32 PM
Senior Member
Priority Date
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Mar-04
Category
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EB3
I140 Mailed Date
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01/01/2006
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:
India
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I-140+I-485
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Default Advance parole expires. WIll my stay be valid in EAD with expired parole status?

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
__________________
PD march 2004
1st 140 approved.
2nd 140 approved on Sep 5,2007.
(me and my spouse below)
485 - Filed on July 2,2007
485 - ND - Aug 08,2007
FP - Sep 06.
EAD - Oct 1st

Contributing 10 or 20 is always a pain when you have the option of getting it free.

Pledge: I am contributing monthly $25 to IV

Last edited by GCBy3000; 02-22-2009 at 10:34 PM.
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  #2 (permalink)  
Old 02-23-2009, 12:24 AM
Member
Priority Date
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Dec-03
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EB3
I140 Mailed Date
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Join Date: Jul 2007
Posts: 46
dupedinjuly has a little shameless behaviour in the past
Default Stay is still valid possibly AOS DA (decision awaited)

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.

----------------------------
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.

Last edited by dupedinjuly; 02-23-2009 at 12:26 AM.
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  #3 (permalink)  
Old 02-23-2009, 02:53 AM
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Default

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".
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  #4 (permalink)  
Old 03-13-2009, 05:36 PM
Img Img is offline
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Sep-02
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EB3
I140 Mailed Date
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08/08/2005
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India
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06/01/2007
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Default

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 ?
__________________
PD : Sept 2002 (EB3)
I140 : May 2006 Approved
I 131 : Approved (TSC)
EAD RD : Approved (TSC)
I 485 : RD 14, June 2007, Approved
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  #5 (permalink)  
Old 03-13-2009, 05:41 PM
Member
Priority Date
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May-03
Category
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EB3
I140 Mailed Date
:
10/25/2005
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India
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I-485
I485 Mailed Date
:
06/18/2007
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Default

Quote:
Originally Posted by Img View Post
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.
__________________
Disclaimer: I am not a lawer and whatever I say here is strictly my own opinion.
PD:May 2003, EB3
I-140: Approved on 11/14/2005
I-485: RD-07/19/2007, LUD:11/26/2007, 02/10/2009
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  #6 (permalink)  
Old 03-13-2009, 06:36 PM
Img Img is offline
Junior Member
Priority Date
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Sep-02
Category
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EB3
I140 Mailed Date
:
08/08/2005
Chargeability
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India
Processing Stage
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I-485
I485 Mailed Date
:
06/01/2007
Compare
Join Date: Mar 2006
Posts: 16
Img is on a distinguished road
Default

Thanks rvr_jcop. That makes me feel better.
__________________
PD : Sept 2002 (EB3)
I140 : May 2006 Approved
I 131 : Approved (TSC)
EAD RD : Approved (TSC)
I 485 : RD 14, June 2007, Approved
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  #7 (permalink)  
Old 03-13-2009, 06:40 PM
Senior Member
Priority Date
:
Oct-03
Category
:
EB3
I140 Mailed Date
:
04/16/2004
Chargeability
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India
Processing Stage
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I-485
I485 Mailed Date
:
06/06/2004
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Default Can you check the Wiki page

Quote:
Originally Posted by Img View Post
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
__________________
Disclaimer: Not a legal advise
---------------------------------
1996 for 1st MS
PD EB2 Jan 2001, 9/11 ,(BEC ,pink slip)
H1 new empl - Dec 02
EB3 RIR, INDIA(Empl mess up)
PD: Sep 2003 , 2nd MS - SE
140 Approval: March 2004
3EADs , 4FPs
3APs, 485 approval -- 07/30/2007
GC in Hand - 08/07/2007

First in flower campaign
Calls to Congressmen,Senators
Letter for administrative fixes
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Still with IV.
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