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I-94 using AP expiring but having Valid H1-B I-797

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  • I-94 using AP expiring but having Valid H1-B I-797

    Hi,

    I have a valid I-797 till May 2024, but don't have the H1-B visa stamped.
    Since I had EAD/Advanced Parole, I entered using AP when I came back from India last year (used Advanced Parole to enter as it was difficult to get visa stamping dates last year).

    During that time, they gave I-94 only for 1 year, and it is expiring in October 2023

    The question is, am I allowed to stay even beyond the I-94 expiry date(based on AP) or should I have to travel out and re-enter using H1-B (I-797)?

    Thanks

  • #2
    You are allowed to stay since you have a pending I-485.

    This is my personal opinion and is not to be construed as legal advice.

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    • #3
      Thanks newacct Does this holds true even if I my employment is based on my H1-B?
      Last edited by spaad; 08-24-2023, 08:13 PM.

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