Immigration Issues/I-94

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Question
I have a domestic employee working for me in my home.  She is here legally, and has an employment authorization card from USCIS.  However, her latest I-94 form expired on August 20.  I applied on time for an extension, but have not received even the receipt notice yet.

She must leave the U.S. for vacation on September 7.  What will happen if she leaves the country before receiving a new I-94?  She does not currently have an I-94, because I had to send the I-94 form in when I applied for an extension.

My worry is that if she leaves the U.S. before getting the new I-94 she will have problems when she tries to re-enter the U.S. in October.  Or, assuming an extension is granted by USCIS - even after she leaves the country on September 7 - will that keep her from having a problem when she returns?

Thanks,

Paul

Answer
Hi,

As long as her extension was filed before expiration of her I-94, she is able to remain legally in the U.S., although I recommend that she discontinue her employment as of Aug. 20 until such time as she receives her new employment authorization card.

When departing the U.S. on Sep. 07, and to ensure smooth entry back into the U.S., she can carry copy of her I-94 along with evidence that her extension of status was filed (such as her receipt notice, or copy of the filing fee check that was encashed by the USCIS, or other evidence such as copy of the application that was filed along with evidence of mailing (such as delivery confirmation if sent by delivery confirmation or through an overnight service such as Express Mail or FedEx).

Regards,
Ajay K. Arora, Esq.
www.h1b1.com

Immigration Issues

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Ajay K. Arora

Expertise

I can answer your questions on employment and family-based U.S. Immigration Law. Expertise in various immigration categories includes the following: H-1B, L-1, O-1, PERM (labor certification), EB-1 to EB-3 I-140 employment-based immigrant petitions, family or fiance(e) or spousal sponsorship, visa extension or change of status, adjustment of status, naturalization (citizenship), etc.

Experience

Ajay K. Arora attended Pennsylvania State University and the University of Wales at Swansea (United Kingdom), and earned his law degree at Temple University School of Law, Philadelphia, in 1993. Mr. Arora has practiced Immigration Law since graduation and is a member of the American Immigration Lawyers Association since 1995.

Organizations
American Immigration Lawyers Association (AILA) full member since 1995.

Education/Credentials
Ajay K. Arora attended Pennsylvania State University and the University of Wales at Swansea (United Kingdom), and earned his law degree at Temple University School of Law, Philadelphia, in 1993. Mr. Arora has practiced Immigration Law since graduation and is a member of the American Immigration Lawyers Association since 1995.

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