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View Full Version : Need to go out of country on valid AP


navdeep.mahajan
10-16-2009, 11:20 AM
My wife's I-94 is getting expired in Dec 2009. She has a valid Advance Parole which is valid till mid of 2010.. Is she required to go out of country in dec before her I-94 expires though she has a valid AP good through mid of next year.

va_dude
10-16-2009, 11:54 AM
Your wife's I94 is expiring, but what's her status?
Are you saying her H1b or H4 is expiring or her EAD?

AP is just for travel. You cannot use it to maintain status.

Pankaj
10-16-2009, 12:03 PM
If your wife maintained the valid status H4/H1/EAD, she should not have any problem while entering on a Valid AP. Immigration officer does not ask for EAD at the time of entering. If she has valid AP on the day of entering to USA, she would be given one year I - 94.

sameer2730
10-16-2009, 12:09 PM
And after that AP based one year I-94 expires I suppose she is on regular adjustment of status right?

werc
10-16-2009, 01:50 PM
And after that AP based one year I-94 expires I suppose she is on regular adjustment of status right?

This is an interesting question. If her previous H1/H4 is still valid she can extend that status when that expires. I am not sure as to what her status in the interim is.

crazyghoda
10-16-2009, 02:50 PM
I have the same question.

I have an I-94 issued last year which expires in Dec 2009. I am currently working on EAD (no H1) I have already renewed my AP which is now valid till July 2010. I do have plans to goto India but probably wont be departing the country till after the I-94 expiry date.

How does one renew an I-95 that is classified me as a Paroled till xx-Dec-2009 from within the US? I know some folks have said that the I-94 doesnt matter when you are on AOS, but I'd rather just keep all docs in order.

Any experiences in this regard? has anyone been able to get a definitive answer to this question. I am thinking of taking an Infopass appointment to ask about how I can get a new I-94.

The other option is to drive to the Canadian border (its 4-5 hours away) and get it renewed but for that I will have to spend money to get a Canadian visa just to enter Canada and turn around. What have people done?