How can I stay in the U.S. with an AOS EAD but I-94 expiring? - EB5Investors.com

How can I stay in the U.S. with an AOS EAD but I-94 expiring?

I was on H-1B but got impacted by layoffs. After 60 days of grace period, I automatically switched to AOS EAD (pending I-485 application). My I-94 is expiring in 15 days as the visa officer stamped it due to my passport expiration. I have renewed my passport, my H-1B is valid for the next 2 years (but can’t be used now as I’m past the 60-day grace period). I don’t have my AP EAD (for travel), but only have AOS EAD valid for the next 2 years. Can my new company file an I-485J after my I-94 expires but my AOS EAD is still valid? Do I need to leave the country?

Answers

Rani Emandi

Rani Emandi

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Answered on

When did you file the I-485? What date was the EAD approved?

Julia Roussinova

Julia Roussinova

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Answered on

You are in an authorized period of stay while I-485 is pending. You need to wait for AP to arrive before you may travel to avoid abandoning your pending I-485 application. Generally, a new employer may port you after I-140 is approved and your I-485 has been pending for 6 months or more and if the new job offer is in the same or similar occupation as the original PERM.

Lynne Feldman

Lynne Feldman

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Answered on

Once your I-140 is approved and your AOS has been pending for 180 days or more, the new company may file the I-485 supp J. to port you to their company and sponsor you for the green card. The new offer must be in the same or similar occupation as that on the original labor certification with the old company.

Steffanie J Lewis

Steffanie J Lewis

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Answered on

I assume you have a pending I-526 and, since you are physically in the United States, you are eligible to file AOS, Forms I-485, I-765, I-131, which you have done. You received EAD (category 09) based on the I-765 filed with AOS. You have not yet received approval on your I-131 application. Therefore, you are currently in a status created by the Attorney General. An administrative status for those who have applied and from whom USCIS has received the filing fees. The I-485 receipt is the document that shows you are in the status created by the Attorney General. You do not need to leave the U.S. If you choose to travel abroad, wait for the I-131 approval. The processing of I-131 may take 17 or more months. Renew your EAD. work authorization 120 days prior to the expiration date on your current card.

Marko Issever

Marko Issever

EB-5 Broker Dealers
Answered on

The rules are not complicated, but there seems to be confusion. Your immigration attorney should be able to answer your question here, but I will attempt to provide some clarity. Do not travel abroad before your Advance Parole I-131 application for travel is approved. Once that happens, you can safely travel. Meanwhile, once you have filed your AOS document, you should have no issues until you receive a decision as long as you have a valid passport. You can also work with an approved EAD.

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