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Discussion Forums: I-485
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Topic: Expired I-94
Posted by rc12345 (26) 10 Dec 2007
My I-485 is pending (have EAD/AP) and H-1B and I-94 recently expired. Should I do something about expired I-94?

Thanks
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Posted by darren102 (64) 10 Dec 2007
Since you are in AOS you are fine and not incurring any illegal presence even if your I-94 runs out.

Would suggest though getting your H1 renewed incase anything happens to your AOS then you at least have a chance to re-file
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Posted by rc12345 (26) 10 Dec 2007
Thank you darren102.

My H1B already expired so I will probably face annual cap issue if I apply. I can live with the risk that I-485 will be denied. If this happens I will call it a day and go back home. Not sure I want to spent another several years waiting for this piece of plastic.
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Posted by joemug (19) 11 Dec 2007
I am with you! mine will be expired next Feb. renewal means, 1500$+320$+ legal fee( my lawyer wants 2000$!) and probabley 500$fraud protection!
That's too much for" a piece of mind"! isn't it? i think i go EAD from now on.
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Posted by gramatar (18) 11 Dec 2007
Could someone please point out an info on how to do H1B renewal? I've seen such discussions but have no idea how to perform it. Is there any grace period? Mine I94 expired in August, 2007, before I became aware of such a possibility and its benefits. I don't have a lawyer and did my I140/I485 application myself. Should I (my employer, actually) just file I129 for me and my family again? I had one H1B extension period already - could it interfere with this post-I485 extension? Thank you for any help.
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Posted by h1buser (269) 11 Dec 2007
I am guessing you had your EAD approved prior to I-94 expire date?
You are eligible to legally stay in this country during your AOS processing but you need authorization to work though. So if you did not have EAD after your I-94 expired and you are working during that time then that may be illegal. You either need valid H1B or EAD to work.
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Posted by rc12345 (26) 11 Dec 2007
I got EAD/AP several months before H1B/I-94 expiration.
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Posted by h1buser (269) 11 Dec 2007

I got EAD/AP several months before H1B/I-94 expiration.



So you are good then.
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