I94 & EAD during permanent residency app and covid

[Louise Dickson 0]

At a loss with i94’s, visas and permanent residency applications.
My family have E2 visas (through my husbands work) I have to have an EAD and our 17yr old is not allowed to work. 
We recently applied for out permanent residency, but in the meantime I have to renew my EAD. Problem is, my i94 expired in January! 
We couldn’t travel because of covid and our green card application receipt was in dec,
So now we can’t leave due to that.
My driver’s license is only valid for the length of my EAD and who knows how long the green card will take. 
Starting to panic and unsure if I should contact uscis in case they kick me out. Anyone been in a similar situation?

[Boiler 45,898]

When does your E2 expire?

 

[Louise Dickson 0]

July 2022

[Boiler 45,898]

Your I94 was issued for 2 years?

[Louise Dickson 0]

I thought it was one year, but possibly two. Just worried I will not be able to renew my EAD without the i94. And we can’t leave now due to out permanent residency applications. I may not get the EAD portion of the application before my current one expires. I was told the EAD portion of the permanent residency application will arrive first? 

[arken 4,197]

Did you file for E-2 extension before your i94 expired?

[Boiler 45,898]

I have heard of I 94's not being issued for the correct period

[Louise Dickson 0]

I didn’t file for an E-2 extension as it doesn’t expire until July next year. I just reread the receipt I got from the USCIS for the I-765 portion of the permanent residency application and it says the receipt can serve as a 180 day extension on my current EAD that does not expire until Aug 2021. I was trying to apply with the 100 day time frame so it didn’t expire before I received my new one. 

[arken 4,197]

23 minutes ago, Louise Dickson said:

I didn’t file for an E-2 extension as it doesn’t expire until July next year. I just reread the receipt I got from the USCIS for the I-765 portion of the permanent residency application and it says the receipt can serve as a 180 day extension on my current EAD that does not expire until Aug 2021. I was trying to apply with the 100 day time frame so it didn’t expire before I received my new one. 

What is you current EAD based on? If your current EAD is based on E2 visa, i doubt i765 receipt from your i485 based application will extend your current EAD. 

[Louise Dickson 0]

Yes it’s based on my E2 visa. 

[arken 4,197]

1 hour ago, Louise Dickson said:

Yes it’s based on my E2 visa. 

So it won't be auto extended.

[arken 4,197]

My understanding: 

i'm surprised your current EAD expiry past the i94 expiry but regardless i94 defines your authorized stay period. You are supposed to extend your current E2 status before your i94 expiry. E2 expiry date of 2022 has no meaning at this point. Since it expired on Jan, you are no longer on E2 status however your stay in the US isn't considered illegal since your AOS is pending. 
 

[Louise Dickson 0]

Thank you. 

[Boiler 45,898]

I assume you are being sponsored by your Employer for an EB3?, some gaps which may be important, as there is a Lawyer involved having a chat would seem a good idea.

[Louise Dickson 0]

We’re sponsored through my husbands employer. There is a lawyer, but they have not been very helpful. Every time we ask a question it’s one word answers. I will contact them again. Wondering if it’s worth contacting someone at the USCIS and asking a few questions.