L1 A Dependent - I-94 Overstay as passport expired - Re Entry to the US

[gajant1]

Hello. My son is on a dependent visa (L Category) with validity up to Oct'24. His I-94 end date was early April'24 as the passport had an expiration date of April. Since then he has got a new passport. However, per the I-94 record, he has overstayed. His visa extension is already filed (before the I-94 end date) and I've I-539 notice. He has a valid EAD and an AP extension too is applied. We are traveling to India in July.

My question is - Will he face issues while reentering the US? Will there be a hassle if the immigration check happens in Dubai?

[newacct]

There is no problem with staying in the US or leaving the US while a timely-filed Extension of Stay is pending. However, there may be a problem with abandonment of I-485.

Leaving the US while I-485 is pending automatically causes I-485 to be abandoned, unless a) Advance Parole was granted prior to leaving, and they re-enter on that Advance Parole, or b) they have maintained H1b/H4/L1/L2/K3/K4/V status until right before they left, and they re-enter on the corresponding type of visa. The problem is that your son has neither of those. His new Advance Parole has not yet been approved, and he is not currently in L2 status, since his I-94 has expired and his Extension of Stay is still pending.