I-485 (AOS) - Wrong I-94 Stamp at POE for spouse

[vittuk]

Background - We (me & my wife) are in AOS and I am the primary applicant. We received our first EAD/AP last March.

We went to India last december. I came back couple of weeks later, used EAD/AP to re-enter US as I did not have valid H1 stamp on my passport. I received 'Paroled' stamp on my I-94. This January my wife returned from India and even though she showed the immigration officer her valid EAD/AP, he gave her the I-94 stamped with H-4 and 04/08/2013 as expiry. She has valid H-4 visa stamped in her passport with 04/08/2013 as expiry.

As per my understanding, once I am in 'Parolee' status after re-entering US, my H-1 is no longer valid. So, my wife technically should have received I-94 with 'Paroled' stamp as well even though she has valid H-4 visa stamp.

Will this I-94 (stamped with H-4 & 04/08/2013 as expiry) cause any issues for her now or later when she travels outside US? Do we need to correct it or keep it as is because we are in AOS?

FYI - She had valid EAD/AP when she re-entered US this january and she has valid EAD/AP now.

[zoom123]

The officer is right. If you have valid visa in your passport he will first consider that. Even though now your wife H4 expired it doesn't matter she have now EAD and AP. ( Means her I-485 is pending)

Now in your case you are a parolee, means if any thing happened to your I-485 you gonna be out of status ( if you also have valid H1 then its OK, you just go back and stamp the passport, if you want to travel otherwise you can work legally).

- Mostly it doesn't happened, once your I-485 approved then you and your wife gets GC.

Don't worry she can travel on AP in future.