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What should I do if my I-485 is pending but my I-94 will soon expire?

I am currently working in the United States under the O-1 visa. My visa expires in October 2024. However, my I-94 expires in May 2023 as my passport was expected to expire in May 2023. I recently renewed my passport through the embassy in the United States. So, there is no problem with my passport status. Since my I-485 is pending, I am curious to know what my status will be after my I-94 expires. Am I able to work legally under the current O visa even after the expiration date of the I-94? Or is there a way to extend my I-94 in the States?

Answers

• Bernard P Wolfsdorf

  Immigration Attorney

  Answered on February 3, 2023

  You should get a new work card a few months after filing your I-485, provided you correctly filed an I-765. Otherwise, you have to try and extend your O-1.

• Lynne Feldman

  Immigration Attorney

  Answered on February 2, 2023

  You may extend the O-1 in the U.S. but you should also have applied for a work permit with the paperwork for the I-485 filing.

• Micol Mion Gordon

  Immigration Attorney

  Answered on February 1, 2023

  Once you have received the Receipt Notice for Form I-485 you are authorized to remain in the US, legal stay, despite the expiration of your I-94 Departure Record. You will need to look at the validity of your O visa Approval Notice (Form I-797 Notice of Action) to see whether your O visa was approved beyond May 2023. If it was, you have two choices to remain in O visa status and continue to work: 1. Visit the closest Custom Border Protection Office (usually located at an international airport) and ask for your I-94 record to be updated in light of your new passport and your valid I-797, or 2. travel abroad and return in O status. The second option can be problematic because the O visa is NOT a dual intent visa even if many times it is treated as such, thus CBP could deny your admission in O status. If you decide to use your advance parole document (if you applied and received it) then you will not be able to work pursuant to O status because your new status will be parolee. Nevertheless, since you are pending I-485 you can always apply for an Employment Authorization Document, which will then negate the need to remain in O visa status to continue working.

• Dennis Tristani

  Immigration Attorney

  Answered on January 31, 2023

  You can extend your O-1 status in the U.S. by filing an O-1 extension of status on Form I-129. This will provide you with a new I-94. Should you let your O-1 status lapse, you can remain in the U.S. based on your pending I-485 application. You can begin working again once you receive your EAD card. You should not travel internationally until you receive your advance parole - doing so can cause your I-485 to be considered abandoned.

• Benjamin Hu

  Immigration Attorney

  Answered on January 31, 2023

  Most I-485 applicants may also file I-765 to seek work authorization. In most cases, the applicant must wait until the I-765 is adjudicated, before they may work, although they may continue working under a separate work status, such as a valid O-1. The I-765 application is currently significantly faster than the underlying I-485 adjudication, and is not limited in scope or in employer - unlike the O-1 work authorization. More generally, the properly-filed I-485 itself allows the applicant to remain in the US to await adjudication, without accumulating any unlawful presence, even if they stay beyond the I-94 in their previous visa.

• Belma Demirovic Chinchoy

  Immigration Attorney

  Answered on January 30, 2023

  The end of the O-1 I-94 is the end of your O-1 status. Speak to your lawyer to receive legal advice.