Petrov

Is it required to maintain a valid I-94 status while one has I-485 application
pending? My lawyers say that it is not necessary, but I just want to make sure, since
I haven't currently relinquished my non-immigrant status. My I-94 has expired more
than a month ago. I have also applied for EAD and I intend to relinquish my
non-immigrant status by using it, but I still haven't received the EAD yet.

Thanks

Siva Subramaniam

in article %[email protected], Petrov at [email protected] wrote
on 5/10/01 3:27 AM:

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I believe that in order for you to work you have to have a work visa such as H-1 or
an EAD. Since you said that your I-94 (I assume this is an H-1 based I-94 or similar
work visa) expired more than a month ago, you will need to have an EAD to continue
working. I believe it is illegal for you to work without a valid non-immigrant status
or an EAD. Since your I-485 is pending, you don't have to go out of the US. You can
maintain your status by remaining in the US but you cannot work without an EAD.

You may want to ask your lawyer about this.

Also, INS is supposed to approve EADs within 90 days. If not, I believe you can go to
their office and get it approved immediately.

-Siva

I am not a lawyer, and anything I say is worth exactly what you paid for it
(i.e. nothing!) For reliable advice, always consult a good immigration lawyer.

Petrov

Thanks for your reply.

My question was not if I am allowed to work; I don't currently work. My question was
if I am in legal status after my I-94 has expired, but I-485 is pending.

Do I need to apply for I-94 extension, or is it sufficient that I have I-485 pending?

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[usenetquote2]> > Is it required to maintain a valid I-94 status while one has I-485 application[/usenetquote2]
[usenetquote2]> > pending? My lawyers say that it is not necessary, but I just want to make sure,[/usenetquote2]
since
[usenetquote2]> > I haven't currently relinquished my non-immigrant status. My I-94 has expired[/usenetquote2]
[usenetquote2]> > more than a month ago. I have also applied for EAD and I intend to relinquish my[/usenetquote2]
[usenetquote2]> > non-immigrant status by using it, but I still haven't received the EAD yet.[/usenetquote2]
[usenetquote2]> >[/usenetquote2]
[usenetquote2]> > Thanks[/usenetquote2]
[usenetquote2]> >[/usenetquote2]
[usenetquote2]> >[/usenetquote2]
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Sylvia Ottemoeller

Petrov wrote:

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Your presence in the U.S. is authorized by the filing of your Form I-485. You are an
applicant for permanent resident status.

The I-94 could have expired on the day you filed Form I-485, and never have been
extended, and your stay in the U.S. would still be authorized during the pendency of
Form I-485.

Also, unless your I-94 is for H-1B or L-1 status, you cannot successfully extend it.
If it is for B-2, F-1, or J-1 status, for example, INS would deny any application to
extend these statuses, because you obviously don't intend to depart from the U.S. at
the end of your temporary stay.

[usenetquote2]> > in article %[email protected], Petrov at [email protected][/usenetquote2]
[usenetquote2]> > wrote on 5/10/01 3:27 AM:[/usenetquote2]
[usenetquote2]> >[/usenetquote2]
[usenetquote2]> > > Is it required to maintain a valid I-94 status while one has I-485 application[/usenetquote2]
[usenetquote2]> > > pending? My lawyers say that it is not necessary, but I just want to make sure,[/usenetquote2]
[usenetquote2]> > > since I haven't currently relinquished my non-immigrant status. My I-94 has[/usenetquote2]
[usenetquote2]> > > expired more than a month ago. I have also applied for EAD and I intend to[/usenetquote2]
[usenetquote2]> > > relinquish my non-immigrant status by using it, but I still haven't received[/usenetquote2]
[usenetquote2]> > > the EAD yet.[/usenetquote2]

[usenetquote2]> > I believe that in order for you to work you have to have a work visa such as H-1[/usenetquote2]
[usenetquote2]> > or an EAD. Since you said that your I-94 (I assume this is an H-1 based I-94 or[/usenetquote2]
[usenetquote2]> > similar work visa) expired more than a month ago, you will need to have an EAD to[/usenetquote2]
[usenetquote2]> > continue working. I believe it is illegal for you to work without a valid[/usenetquote2]
[usenetquote2]> > non-immigrant status or an EAD. Since your I-485 is pending, you don't have to go[/usenetquote2]
[usenetquote2]> > out of the US. You can maintain your status by remaining in the US but you cannot[/usenetquote2]
[usenetquote2]> > work without an EAD.[/usenetquote2]
[usenetquote2]> >[/usenetquote2]
[usenetquote2]> > You may want to ask your lawyer about this.[/usenetquote2]
[usenetquote2]> >[/usenetquote2]
[usenetquote2]> > Also, INS is supposed to approve EADs within 90 days. If not, I believe you can[/usenetquote2]
[usenetquote2]> > go to their office and get it approved immediately.[/usenetquote2]