i94 Extension after Passport Renewal (3 Options)

i94 extension after passport renewal without crossing border - $6 fees, or travel outside US or File extension of status with USCIS. Nunc Pro Tunc (NPT) option available.

Anil Gupta
  By Anil Gupta    Updated  9 Nov, 20


i94 Extension after Passport Renewal is required to stay legally in the USA.

The land borders are open in COVID-19 and you can visit either Mexico or Canada border to get new i94.

There are 3 ways to get i94 renewed:

  • Visit CBP office at US land border in Mexico or Canada (Recommended) OR
  • Go out of US and return (Easiest but Costly) OR
  • Filing extension of stay application with USCIS (Costly and time consuming).

In most cases, when you enter the USA, the CBP officer at the port of entry will match the i94 date to your passport expiry date if it is expiring before your valid US visa.

You should always have a valid unexpired i94 to have a legal period of authorized stay within the US. Your legal stay is solely governed by the i-94 validity date and not your stamped visa or valid i797.

Documents Required for i94 Renewal

  1. i-797 Notice of approval form
  2. Old/Existing i-94. You can get it here on the CBP website anytime.
  3. Your Old passport (all old expired) and the most recent new passport.
  4. US address proof – Any one – Utility bill or Lease agreement or driving license or state ID.

How to Renew i-94

Once you have got your passport renewed (for example Indian Passport), you have following options for i-94 extension of renewal that expired due to passport expiry:

CBP Office at US Land Border (Mexico / Canada)

i94 Fees and processing time at US Mexico Border

  • The i94 extension fees at US Mexico land border is USD $6.
  • Paper i94 is issued immediately.
  • New i94 reflects online on the CBP website within minutes of the issue.

The i-94 extension can be done at the CBP office located at the US land border in Mexico or Canada.

You may be asked to cross the border. There is a 50-50 chance depending on the CBP officer. 

These CBP offices are located on the US side of the border.

CBP office inside the international airport terminal can only fix your i94 mistakes. Short i94 expiry due to passport expiry is not a mistake.

San Diego PedWest - i94 extension
San Diego PedWest – i94 extension

SENTRI office at the land border is a program for faster processing of border checks for ‘Known’ persons and is used by Mexicans who cross Land border regularly.

If you are on a visa like H1B or any other or from a non-Mexican country, then, you probably do not have any SENTRI program enrollment.

You can expect to be interviewed. This would be similar to the one you face on Port of entry at the airport.

You should also have all the proof with respect to your legal stay in the US.

Laredo bridge1 crossing half way on bridge
Laredo bridge1 crossing half way on bridge

US Mexico border i94 extension experience

Go Out of US and Re-Enter

i94 processing time with travel outside US

  • Paper i94 fees of $6 may be charged if you request a new i94 at the border crossing.
  • New i-94 is issued immediately on your arrival in the US and can be downloaded from the CBP i94 website.

You can normally travel outside the US and re-enter to get a new i94 based on your new passport and visa validity.

CBP normally would not issue you a new i-94 if you re-enter the USA from Mexico or Canada within 30 days using the AVR process

But, you can specifically request them to issue you a new paper i-94 since your old one has expired/expiring soon.

They will honor the request and may charge $6 as fees.

Paper i94 is issued at land border in USA
Paper i94 is issued at land border in USA

It does not matter if you travel by air, land, or sea and re-enter the US. You can get a new i-94 once you re-enter at any US border or Port-of-entry.

Get i94 from CBP website
Get i94 from CBP website

Apply Extension of Stay – Form i539

i94 processing time with form i539 extension

  • $370 for the i-539 application.
  • No separate fee for i94
  • Extension of status applications can take 4-12 months.

When you apply for your visa extension within the USA, you automatically get a new i94 after approval.

Example: You can apply for H1B extension (form I-129) or H4 visa extension using form i-539 to get a new i94.

Once your extension is approved, USCIS sends a new extended i94 attached to approved i797.

H1B i797 with attached i94
H1B i797 with attached i94

The Visa extension process can be used to update or extend your i94 in case of passport expiry. USCIS recommends filing for i-94 renewal at-least 45 days before its expiry.

FAQ

Can i94 be extended at CBP office inside International airport terminal?

CBP office inside the international airport terminal will not extend your i94 after passport renewal.

CBP offices located at the airport fix the i94 errors. 

We have checked with CBP offices inside international airports at Dallas, Boston, and San Francisco and they all have denied extending i94 based on the new passport.

They informed us that they can only fix the i94 mistakes that happened during i94 issuance and not extend.

Can I get i94 renewal at US border if I overstayed on H4 visa?

H4 visa holders can get a new i94 by visiting any land border even after they have stayed in the US after their i94 expiry.

In the real-world, USCIS does allow H4 dependents to stay beyond this time.

Can H1B stay in US after i94 expiry without filing extension?

Staying beyond i94 expiry on an H1B visa is a serious issue and is taken as a violation of US immigration law by USCIS.

You should either file an H1B extension before i94 expiry or visit any land border to get a new i94 based on your i797.

What are my options if H4 Stayed in US for 180+ days after i94 expiry?

If H4 has already stayed in the US for more than 180 days after i94 expiry, then the best option is to leave the US and get an H4 visa stamp at any US embassy.

The success rate of the H4 visa stamp is good as the overstay is due to passport expiry. Visa officers are lenient with dependent visas like H4.

Is Nunc Pro Tunc an option for new i94 after it has already expired?

You can file your extension with USCIS using the Nunc Pro Tunc (NPT) option to request for making your time i94 expiry legal in the USA.

NPT application is sent to USCIS and they take their own time to process the application. It can even take more than 6 months.

There are successful NPT cases for H4 when a person already spent more than 180 days in US.

If you are already close to 180 day mark, we strongly suggest to leave US and get visa stamp.

Are kids also required to get i94 extension?

Kids also need to get their i94 extended if it has shorter expiry than their visa stamp.

Example: H4 kid i94 extended at San Diego Ysidro border after i94 expiry.

Source: USCIS




Author

Anil Gupta
  By Anil Gupta           

Recent discussion on forum

  1. anil_am22
    anil_am22

    Thanks for sharing. We appreciate it.


  2. Vinoda_Badaga
    Vinoda_Badaga

    Thanks Anil for creating this Post. I would like to share my experience here @ Canada Detroit Windsor Tunnel border during Covid-19 Pandemic.
    Background: I have recently renewed my Passport inside US ( Chicago Indian Embassy). My I-94 was given only till old passport expiry date ( June 15 2020). Hence I had to get new I-94 to stay further inside USA. Due to Covid-19 Pandemic and international travel ban in place, I really had tough situation. Anyhow, finally I made it :slight_smile:
    Date: May 13 2020

    • I have called CBP Windsor Tunnel office as well as Canada Windsor border agency and explained my situation. Both officers agreed to let me Enter the Canada border and take a U-turn and Re-enter into United States to get the New I-94.
    • I drove into Windsor Tunnel to cross Canada and officers sent me back to the US side ( Just a U turn after interviewing me in detail. Border Non-Essential travel ban in place)
    • Upon arriving at the CBP check-post at US side, officer interviewed me and I gave a I-94 request form ( I had filled this form in CBP site with my old passport detail and paid $6 and printed it. Site won’t allow to enter new passport details, because VISA is tagged to old passport)
    • CBP officer directed me to park the Car at filed officer parking lot and let me enter the CBP building.
    • CBP officer inside the building, asked few questions (normal POE interview) and issued me a New Paper I-94 slip to my new passport)
    • I checked the I-94 site and my arrival record is tagged to my old passport number and dates are valid till my VISA expiry.

    P.S : Canada US border Non-Essential travel restrictions in place. Canada officers won’t let you pass the border check-post. But they still allow you to take a U turn and re-enter.
    I had called Otay Mesa, San Ysidro in San Diego and both places they have agreed to renew I-94. But they told me I have to cross the border and Re-enter and it is valid even though Mexico US non-essential travel restrictions in place. Laredo border office also agreed to do renewal, but there is a travel restrictions in place for other state travelers entering into Texas. I live in Michigan, so I chose this option. Reply to this post if you have any questions.
    Good Luck guys. Stay Safe.


  3. Shreeram_A
    Shreeram_A

    Hi

    Thank you for sharing your experience.

    similiar to your case, my son (age 10y) got new passport and his I-94 is expiring in nov 2020 based on his old passport. my self and my wife has I-94 validity til visa expiry. We thought to visit CBP office in detroit to extend my sons I-94 but we stopped ourself becasue we dont have canada visa if CBP officers ask us to cross boarder and re enter.
    Can you guide us which CBP office number we have to dail and get approval before we reach their office physically.

    regards
    Shreeram


  4. Vinoda_Badaga
    Vinoda_Badaga

    Hi Shreeram,

    Go to
    https://www.dwtunnel.com/customs/ and call both CBP and Canada border numbers. I think they will still let you cross the border because you are not really entering Canada. Just tell them that you are going to take U turn and come back to United States.
    But you still have lots of time left till November. You can even plan for applying Canada Visa and visit Canada and return. Border will open in at least end of June.

    Regards,
    Vinod


  5. visa2020
    visa2020

    Can someone please guide options to renew I-94 (got new Indian passport) when you do not have Canadian visa, am in New Jersey. I went Buffalo POE, I called before going and they agreed over phone … but in duty CBP officer sent me back saying he cannot renew I-94 unless I make an official exit from usa.

    1. I have H1B (no Green Card) , not sure if I can get canadian eTA visa and just to air travel and come back
    2. Michigan CBP office also confirmed over phone that they will allow U turn and give new I-94 but I am not concerned that on duty officer may refuse highlighting same official exit concern (which means official entry to Canada and then come back with U turn)

    Any guidance would be appreciated.


  6. jsb
    jsb

    Hello Vinoda,

    Thanks for the posting your experience , your travel date was in May 2020 i guess but due to the new EO recently and COVID-19 can we still go and get the I94 renewed . I have a valid stamping until 2022 . I’m in a similar boat at urs but still unable to decide work with the attorney to file or travel and get it done. As you see the cases of COVID-19 are on a raise so unable to decide.


  7. Vinoda_Badaga
    Vinoda_Badaga

    Hi JSB,

    Please try in San Diego locations. Few others went there last month and got i-94 renewed. Canada border did not work for two guys, better option is Otay Mesa center. Good luck.


  8. Saurabh832
    Saurabh832

    Hey guys @Anil.Gupta and specially @manish.varshney Thanks a lot for posting your i94 extension experience. I am looking to visit Otay Mesa, San Diego Mexico border but before that i have below queries, Please help me in this.

    1. I have valid Stamped VISA till FEB 2022 (on old passport)
    2. Approved i797 till FEB 2022
    3. I94 is valid till 19th AUG 2020 because my old passport is expiring 19th AUG 2020
    4. Received my Renewed passport from Indian Embassy (San Francisco) which is valid till 2030

    Now i need to visit Otay Mesa, San Diego Mexico border to get my i94 extended based on VISA and Newly received Passport, so my question is

    1. Do we need to take any prior appointment before visiting the CBP Office ?
    2. Where can i pay $6 and complete prior application about i94 as indicated by you above
    3. Any documents apart from old i94, old + new passports (original) , valid i797 approval, Address proff like Electricity bill is needed ?? like employer letter , pay slips ? project documents etc ? any more documents needed ?
    4. I can’t drive so planning to take cab till that office from Airport, i hope this should be okay and allowed


  9. manish.varshney
    manish.varshney

    Saurabh,
    Below are details

    1. As far as I know there is no prior appointment for CBP offices.
    2. I94 - Official Website (select via land border).
    3. Photo Id. I used my driving license. Take address proof also. I did take other docs. like pay slips, company letter etc. I did take other documents (like pay slips, employer letter) but they did not ask for it.
    4. Should be ok. Pls. tell driver to not cross border.

    I’m told SENTRI office also does i94 update. You may be able to get appointment. You can call them to confirm. Numbers are on CBP site for Otey Mesa.


  10. singhgurpre
    singhgurpre

    Hi ,

    My spouse got I94 stamped till 18 Oct 2020 passport expiry date .H4B visa is stamped with Aug 2021 Validity.she has got new passport now.
    Please let me know wether she can stay on expired I94 since we are reluctant to travel anywhere in Covid time.

    Regards
    Gurpreet


  11. anil_am22
    anil_am22

    Hi @singhgurpre

    You cannot stay in the US without a valid i94.

    Here are all the options to extend i94 after passport renewal.


  12. CMJ
    CMJ

    Hi All,
    Just to add on my experience and my thought.
    I am one of that case who has valid stamp but passport was renewed so need to renew I94.
    I called Detroit Windsor tunnel US Border office and they told they will do it. When I reach there the guy at toll booth helped me to park my vehicle there and go to US border office by walk, at that moment the officer denied that they won’t update as I was not gone out of USA. Then I actually went to tunnel and Canada side I asked the officer that I don’t want to go to Canada, just want to make a turn, they understand and politely helped to complete the U-turn. THE CATCH IS CANADA BORDER HAS ENTERED IN THE RECORD THAT MY ENTRY TO CANADA IS DENIED. Completing the turn I entered USA and got my i94 updated.

    My Thoughts:
    Though I94 was updated, I am not pleased as I have record now that says I was denied entry to Canada.
    I would say mostly we know when I94 is expiring so take visa and travel that is costly but it keeps your records clean.

    Question:
    Does anyone know that if Port of entry denial record is there what impact it will cause in future? or anything we can do about that?


  13. Nayan_Patel
    Nayan_Patel

    Hi All,

    I have got my I94 updated today by using CBP Deferred Inspection office.

    You have to just send them an email with,

    • The U.S. address where you are located.
    • A brief explanation of the I-94 error, including the date of entry, port of entry, Airline and flight.
    • A color PDF file of your Passport biographic page.
    • A color PDF file of your Visa page.
    • A color PDF file of your Admission Stamp page. (If a stamp was provided at entry)
    • A PDF file of any documents associated with your visa, ie I-20, DS-2019, I-797.

    They will update it and let you know or request you to provide more details.

    Here is link for the same.
    https://www.cbp.gov/contact/ports/deferred-inspection-sites


  14. King_Brawl_Stars
    King_Brawl_Stars

    I GOT FOLLOWING REPLY FROM CBP

    Dear Traveler,

    You have reached the San Francisco Deferred Inspection I-94 Correction Mail Box. Your I-94 correction request has been received and will be processed in the order it was received. Please do not respond to this email unless you are submitting the documents listed below.

    The San Francisco Deferred Inspection Office will make I-94 corrections for people who reside in the San Francisco Bay Area (and surrounding areas) or passengers who arrived through the San Francisco, San Jose, Oakland, Sacramento, or Fresno International Airport. If you arrived at a different port of entry or do not reside in the area, please contact your nearest Deferred Inspection Office. This information is available at: http://www.cbp.gov/document/guidance/deferred-inspection-sites

    CBP Deferred Inspection Offices are not responsible for providing extensions on admissions that were limited due to passport validity. Admitted until dates limited due to passport validity are not CBP errors. CBP cannot generate an admission for a passport that was not presented during the inspection process.

    The items listed below will be required to process I-94 correction requests (Please send only the items that apply to your current status):

    1. A signed letter detailing the I-94 issue including a good call-back number (For ALL Inquires)

    2. A copy of your passport biographical page (For ALL Inquires)

    3. A copy of your US non-immigrant visa AND admission stamp of your last arrival to the US (For ALL Inquires)

    4. SEVIS Form (For F-1 International Students, J-1 Exchange Visitors, or M-1 Vocational Students Only)

    5. I-797 Receipt from USCIS (For Employment Based Visas Only)

    6. I-129S (For L-1 Visa Blanket Petitions Only)

    7. I-512 Advanced Parole Document (For Adjustment of Status Applicants Only)

    8. Refugee Airline Boarding Document (For Refugees Only)

    9. DHS Form G-28 - Notice of Entry of Appearance as Attorney or Accredited Representative (If Represented by an Attorney Only, Attached to this email)

    Please submit the request with the above listed items in PDF format and send only the items that apply to your current status. Please be advised that some corrections may still require you to make a personal appearance at the San Francisco Deferred Inspection Office.

    Requests will be processed only when all the required documents are received. Confirmations will not be sent out when I-94s are updated. CBP will contact you only if additional information is needed (not listed above) and/or a personal appearance is required.

    Please allow up to 3-5 business days for I-94 updates/corrections to be processed. Updated I-94s can be located on the CBP I-94 website: https://i94.cbp.dhs.gov/I94/#/home

    FOR THOSE ADMITTED UNDER THE VISA WAIVER PROGRAM SEEKING A SATISFACTORY DEPARTURE REQUEST, PLEASE CONTACT USCIS AT 1-800-375-5283.


  15. anil_am22
    anil_am22

    Hi @sm244kibm

    There is no need to fear if the overstay is only due to passport expiry.

    Talk to your employer and they can file an H1B extension with NPT to request i94 from back date.

    You should take action as early as possible as the more days to spend without a new i94, the bad it is.


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