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i-129 expired, i94 valid. cause problem on i-485

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  • i-129 expired, i94 valid. cause problem on i-485

    hello guys,
    my case is a little different.
    here is the date information

    Arrived USA and started L1B work on 2012 April
    L1B : expired on 2017 April (5 yrs)
    i-129 : expired on 2015 April (3 yrs)
    i-94 : expired on 2018 March

    PERM filled on 2016 March. I am running EB3.
    I didn't extend i-129, because lawyers told company not to extend i-129.

    Company's lawyer said I will be fine with green card even if I have expired i-129, because I have valid i-94.

    it doesn't make sense to me because i-94 was issued by CBP, but green card is issued by USCIS.
    Company's lawyer insists USCIS guys only check i-94 when handling i-140 and i-485.


    is that true??????? it sounds risky to me.

  • #2
    Originally posted by coolmanmona View Post
    hello guys,
    my case is a little different.
    here is the date information

    Arrived USA and started L1B work on 2012 April
    L1B : expired on 2017 April (5 yrs)
    i-129 : expired on 2015 April (3 yrs)
    i-94 : expired on 2018 March

    PERM filled on 2016 March. I am running EB3.
    I didn't extend i-129, because lawyers told company not to extend i-129.

    Company's lawyer said I will be fine with green card even if I have expired i-129, because I have valid i-94.

    it doesn't make sense to me because i-94 was issued by CBP, but green card is issued by USCIS.
    Company's lawyer insists USCIS guys only check i-94 when handling i-140 and i-485.


    is that true??????? it sounds risky to me.
    On what basis would you be staying beyond April 2017?

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