i94 Extension after Passport Renewal in USA

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.

Written by Anil Gupta
  By Anil Gupta          Updated  13 Mar, 20 #i94

78        

i94 Extension after Passport Renewal in USA is required to stay legally in USA. 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 USA, the CBP officer at 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 legal period of authorized stay within US. Your legal stay is solely governed by 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 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 licence or state ID.

Process to Renew i-94

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

#1 CBP Office at US Land Border (Mexico / Canada)

i-94 extension can be done at CBP office located at US land border in Mexico or Canada. You may be asked to cross the border. There is 50-50 chance depending on the CBP officer. These CBP offices are located on US side of border.

CBP office inside 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 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.

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 CBP website within minutes of issue.

You can expect to be interviewed. This would be similar to the one you face on Port of entry at airport.
You should also have all the proof with respect to your legal stay in US.

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

US Mexico border i94 extension experience

#2 Go Out of US and Re-Enter

You can normally travel outside 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 from Mexico or Canada within 30 days. 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 US. You can get a new i-94 once you re-enter at any US border or Port-of-entry.

i94 processing time with travel outside US

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

#3 Apply Extension of Stay – Form i539

When you apply for your visa extension within 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

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.

i94 processing time with form i539 extension

  • $370 for i-539 application.
  • No separate fee for i94
  • Extension of status applications can take 4-12 months.
Can i94 be extended at CBP office inside International airport terminal?

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

CBP offices located at 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 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 US after their i94 expiry.

In 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 H1B visa is a serious issue and is taken as violation of US immigration law by USCIS.

You should either file 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 US for more than 180 days after i94 expiry, then the best option is to leave US and get H4 visa stamp at any US embassy.

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

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

There are successful NPT cases for H4 when 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




Comments are closed. Have a question? Ask in forum

  78 Useful Questions & Answers

  1. Cash
    Cash 17 Nov, 19 at 12:06 am

    Hi Anil,

    My i94 expiry follows my old passport expiry date. I travelled back home and re entered US with my new passport. However when I try retrieving my i94 online, I am unable to do it with the new passport details. But when I try with my old passport details , I am able to and it shows my latest entry which I entered with my new passport. What should I do?


  2. SA M
    SA M 1 Nov, 19 at 10:45 am

    Today, I visited the CBP office at SFO International airport and requested them to extend my i94 since I have a new passport.
    The officer told that I dont need to do that because I have a valid i797 document with i94# which has a expiry date in 2021.
    He said when I travel outside USA then I would have to carry my 2 passports (old and new), i797 and ID proofs.
    So the question to this forum is do I still make sure to have my i94 extended


    • samay
      samay 2 Mar, 20 at 9:58 am

      Hello Sam,

      Can you please tell what did you end up doing?

      Thanks


  3. TP
    TP 24 Oct, 19 at 12:06 am

    My parents are currently in the US on a visitor visa and their current i-94 is expiring on December 25. We would like them to stay for a few more months. I know one option is to file i539 but I believe the extensions are taking very long at this time. I don’t want to wait for so long and have them overstay because I think that could cause problems with their future trips. My brother lives in Canada and my parents stayed in Canada for 4 months before they arrived here in the US. They have been out of the home country for 10 months already. If extension is approved, their time away from home country will be greater than a year. My questions are –

    1) If they travel to Canada for less than 30 days and re-enter the US, can they request for i94 extension at the airport? During the interview with the immigration officer, is it ok to say that our original plan was to go back in December but there is a change in plan and we would now like to go after 4 months.

    2) If they stay in Canada for more than 30 days, will that automatically result in a new I94

    3) Do they have to travel to Canada after their current i94 stamp expires to request an extension or can they travel while their i94 is still active.

    Thanks, I really appreciate your help!


  4. Felipe Salamanca
    Felipe Salamanca 27 Jul, 19 at 11:26 pm

    Hi Anil,

    Another great post!
    I really liked that you covered the international airport scenario. I tried to do that because it was closer than go to the border and, as you mentioned, it’s not allowed.
    In case someone needs some tips, If you are closer to Mexico than Canada, I would recommend to go to Nogales (border with Arizona) instead of Tijuana (border with California). The Nogales border is less crowded and faster.
    Thanks!


    • Anil Gupta
      Anil Gupta 28 Jul, 19 at 9:06 am

      Thanks for sharing. We appreciate it.


  5. sasi
    sasi 26 Jul, 19 at 8:22 am

    Hi anil.
    I have a different scenario .
    I am working for employer A as full time on h1b.My wife is also working for my employer A on h4 Ead.
    My job is going to lay off next month end . My I-140 is also with employer A and had approved in Nov 2017
    My wife’s H4 and H4 ead are still valid until May 2022.
    Do my employer A have any right to cancel my wife H4 ead or she can still work ?
    Please advice


  6. MaruChan0000
    MaruChan0000 15 Jul, 19 at 11:41 am

    Hello. Thanks for the forum.
    My I94 is valid till my old passport expiry date. I got a new passport and want to get my I94 date extended to match my stamped H1 visa date. I am planning to travel to Canada in the morning and return in evening to USA. Can anyone share their recent experiences for I94 extension at Canada US border? I have a Canadian PR. Thanks in Advance!


    • MaruChan0000
      MaruChan0000 15 Jul, 19 at 11:50 am

      @spot_anil_gupta:disqus Is this option feasible lately or should I file form I539? Thanks.


      • Anil Gupta
        Anil Gupta 15 Jul, 19 at 5:54 pm

        You can visit Canada and request a new i94 on return.

        If you want to file extension within US, you need to file a full H1B extention using form I129 and not i539.


  7. Mvb
    Mvb 2 Jun, 19 at 9:36 pm

    Hi,
    Recently updated i-94 after passport renewal by visiting PoE.
    Couple of Q:
    Should I consider the latest date/place of arrival as the date/place when/where i-94 was extended at PoE(did not cross the border)?
    Travel history now states two ‘Arrival’ entries. Actual arrival and the latest entry when i-94 was extended. Does this accounts for an error?
    Thanks in advance.


    • Anil Gupta
      Anil Gupta 3 Jun, 19 at 6:59 am

      You should consider the most recent arrival date and entry location as per the most recent i94 that you have got from PoE.


      • Mvb
        Mvb 3 Jun, 19 at 10:36 am

        Thanks Anil. After extending i-94, the travel history showing latest two entries as ‘Arrival’, does it sound ok. Last arrival was in Jan 2018 and i-94 was extended in May 2019.


        • Anil Gupta
          Anil Gupta 3 Jun, 19 at 12:12 pm

          That’s fine. No issues.


          • Mvb
            Mvb 3 Jun, 19 at 8:55 pm

            Thats a huge relief. This is the forum where I found the prompt answer. Keep up the good work!


            • Anil Gupta
              Anil Gupta 3 Jun, 19 at 9:04 pm

              You are welcome. I am glad it helped.


      • Mvb
        Mvb 5 Jun, 19 at 10:30 pm

        Hi Anil, a related to question: Does the online i94 works on EST timezone? We reached cbp offlice around 10.30 pm on 10 May, the passport has been stamped with same date, the online i94 on other hand says 11 May as Date entered. I wanna check with you if this is ok. Thanks


        • Anil Gupta
          Anil Gupta 6 Jun, 19 at 7:28 am

          That is fine. Don’t worry.


          • Mvb
            Mvb 7 Jun, 19 at 3:59 pm

            Great, thanks a lot Anil!


  8. Aziz
    Aziz 16 May, 19 at 12:22 pm

    Hi, thank you so much for this informatio, although I am a little confused and I hope you can clarify. My current i797 expires in 2021 because I changed jobs last year in Oct’18. My passport expiry date and i94 expiry date is the same because when i entered the US after a trip last year they assigned my i94 expiry the same as passport expiry even though my h1 b expiry had a later date. I am currently applying for a passport renewal but I am afraid I won’t get the new passport until after my old passport and i94 expiry date. Am I in any kind of trouble? Should I apply for a new i94 now itself ebven though I dont have a new passport?


    • Anil Gupta
      Anil Gupta 16 May, 19 at 3:49 pm

      There is no use of applying for new i94 without new passport. You will get the same date.

      Apply for passport immediately and then get a new i94 before currrent one expires. You will be out of status if you stay in US beyond your i94 expiry date


  9. Khaleesa
    Khaleesa 11 May, 19 at 8:43 am

    Hi Anil, thank you very much for the helpful info. I have a different scenario that I would appreciate your advice on. I’m a grad student on F1 visa and my mother is with me on a B2 tourist visa. I would like for her to stay for as long as legally possible as she has some health issues and I want to be close to her so I can take care of her. Is there a way to extend her stay beyond an additional 6 months? Will re-entering the US from Mexico, Canada or South America will warrant issuing a new I94 ? Or does she have to travel back to our home country?


    • Anil Gupta
      Anil Gupta 11 May, 19 at 4:30 pm

      Going to Mexico or Canada or South America still counts as going out of USA.
      The risk of entry is same as if she would travel to India and immediately come back to US.
      She may be denied entry to US as B1/B2 visa is only meant for temporary short term stay.

      If you do not want to go out of US, you can apply for extension of B1 from within US using form i539 application.


      • Khaleesa
        Khaleesa 11 May, 19 at 5:59 pm

        Thanks so much for the prompt response. So let’s say her first entry to the US is in April, if she goes to Mexico in August and re-enters a week later (with a valid I94 expiring in October) would they give her a new I94 that expires in February (i.e. 6 months from her August entry from Mexico) ? Sorry if this sounds confusing

        I’m aware of the i539 application, I just know that I cannot file it more than once and the extension will not exceed 6 months. Is this correct?


  10. Kiran
    Kiran 10 May, 19 at 9:08 pm

    Hi Anil
    I am on L1B visa valid till march 2021.
    But my I94 is valid till July 2019 due to my passport expiry date.
    Now applied for new passport in tatkal but after getting new passport how to get my I94 updated without going back to India


    • Anil Gupta
      Anil Gupta 10 May, 19 at 9:30 pm

      Did you read the article above?


      • Kiran
        Kiran 10 May, 19 at 9:38 pm

        In particular which one?


  11. Bev
    Bev 2 May, 19 at 9:14 pm

    Hi Anil,

    Thank you for helping the community.

    My h1b visa expires on Sep 6, 2019 and my i-94 admit until date is 10/23/2018 which was my old passport expiry date.
    After my H1b got approved in 2016, I have made 3 international travels – one for vacation to India, and two others are work travel (meetings) to Europe.

    I went for stamping during my first travel and on my return, officer at port of entry (POE) put my h1b expiry date as “Until” date in the seal.
    During my second travel also, on my return, officer at port of entry (POE) put my h1b expiry date as “Until” date in the seal.
    However, during my last travel in Feb 2017, on my return, officer at port of entry (POE) put my PASSPORT EXPIRY date as “Until” date in the seal which is 10/23/2018.
    I didn’t notice this and also did not know the significance of this. Apparently this date of 10/23/2018 is my latest i-94 admit until date.

    I renewed my passport mid of last year.

    We noticed this i-94 expiry date of 10/23/2018 only while the law firm was prepping documents for my h1b renewal this week.

    My employer has terminated me from employment per lawyer’s advise. They are going to file my h1b extension along with Nunc Pro Tunc (NPT). Its going to take like 2-3 weeks.

    1. Are there any other safe options considering that there are a lot of h1b renewal rejections?
    2. Have you heard of any successful petitions with NPT?
    3. Can I goto CBP Inspection site (airport) along with my attorney to get them update my i-94?
    4. Once CBP updates my i-94, will those 180+ days still be considered as out of status?


    • Anil Gupta
      Anil Gupta 2 May, 19 at 11:21 pm

      The time you have already spent without a valid i94 will be counted as ‘Out of status’ time always until your NPT application is approved.

      The only way to make the time already spent legal is to file NPT and request USCIS to approve your extension with back date from your last i94 expiry.

      You can go out of US and enter again to get new i94 but this will not fix your out of status time that you have spent already in US.

      Also, CBP officer cannot fix or give your new i94 at CBP officer inside airport as you do not have a valid status to stay in US at this time.


  12. Rakesh Giri
    Rakesh Giri 16 Apr, 19 at 10:15 am

    Hello Anil,
    I have a same question,My daughter passport is expired and i got a new one recently ,Her i94 is valid up to sept 2019,Do i still need to go out and reenter to the US?or i have renew it as i94 still valid up to sept 2019 and her passport has stemp visa upto 2020 july.


    • Anil Gupta
      Anil Gupta 16 Apr, 19 at 12:21 pm

      You can use any one of the option to get your daughter’s new i94 as mentioned above.


  13. urraj123
    urraj123 9 Apr, 19 at 3:58 pm

    Hi,
    I had my H1 transfer to the new employer. my I-94 expired in 31-mar-2018. Got my approval after one year of my i-94 expiry. I am planning to travel to India now. Will I have a drop box for stamping or I have to schedule interview to get the stamping. Please suggest.

    Receipt date: 6-Dec-2017
    I-94 expiry: 31-Mar-2018
    Approval date: 3-Apr-2019

    Also, please advice what are the documents that needs to be carried. Thanks.


  14. Abhishek
    Abhishek 25 Mar, 19 at 8:46 am

    Hello, I had my Son’s Passport renewed and as he got his I94 only till passport expiry when we entered in USA last time, I went to San Diego hoping to renew his i94, First i was asked to cross the border but when i entered in from Mexico; the officer told me that i do not need I94 renewal for my son as his i94 in I797 Approval notice is still valid till VISA expiry date. They stamped the passport with Valid till as new date which is VISA Expiry date but didn’t issue new i94 saying his I797 has valid I94 and it doesn’t matter if it shows up online or not he has valid legal i94. Can someone advise if this is true? or has anyone had similar experience ? Thank you!!
    Forgot to mention your help on this platform is exceptional !!


    • Anil Gupta
      Anil Gupta 25 Mar, 19 at 10:24 am

      When was your son’s H4 extension filed and approved with new i797?

      After your son entered US or before?


      • Abhishek
        Abhishek 25 Mar, 19 at 10:41 am

        It was before we entered into USA, thats why i was under assumption that i need a renewal but the Officer told me it doesn’t matter as long as the I94 in H4 Approval has validity. He said if you surrender the lower part of H4 Approval which has I94 Details while leaving USA then you would have to renew i94 otherwise not. Also i just realized that they didn’t stamp my passport when i entered USA from Mexico with my son, online it shows my entry date though, Any idea how can i get stamp in my passport now to make sure i true up with records ? Thanks for your help Anil.


        • Anil Gupta
          Anil Gupta 25 Mar, 19 at 11:25 am

          You can contact your local CBP office at nearest international airport and get your record corrected.

          As per my information, CBP officer at SanDiego border should have issued your son a new i94. If the expiry date on this printed paper i94 is long enough and matches your visa, you should be good then.


          • Abhishek
            Abhishek 25 Mar, 19 at 11:45 am

            Thanks Anil, the printed paper i talked about is bottom on H4 Approval, they didn’t gave me any print i94 or anything at border. I have just emailed CBP with documents lets see if they update I94 for my Son. I went there to solve one problem now i have two. I will have to figure out way to get stamp matched in my passport. This is my mistake i should have looked in my passport then and there itself but i was too upset with them not giving new i94 to my son. If CBP doesn’t help me with my case of stamp then i will get infopass appointment with local USCIS office here at LA. I will keep updating here how it goes. This could be helpful for someone having similar case.


            • Anil Gupta
              Anil Gupta 25 Mar, 19 at 11:57 am

              Sure. Let me know if you need more information.


            • pawan
              pawan 18 Apr, 19 at 6:54 pm

              Hi Abhishek, I am in same situation like you and planning to go to san diego . if possible could you please email/call me so, that i”ll get better idea.Thanks!!


              • Abhishek
                Abhishek 18 Apr, 19 at 7:09 pm

                Hi Pawan, i had bad luck when i went to San Diego border i met two stubborn officers first one said you guys are too smart don’t want to cross border, i said i will cross border if thats what is needed then i crossed border and came back, when i came back the officer said we cannot renew your sons i94 because already has i94 valid in 797 notice h4 approval, i was helpless he was a really bad guy, But i knew now i can get i94 extended by CBP as this is now case of i94 correction not i94 extension. I came back to LA and send documents scanned to CBP the ho exteneded i94. Oh well i ended up saving 6$ i94 extension fee at border. Let me know if you have any specific questions


                • pawan
                  pawan 19 Apr, 19 at 11:28 am

                  Hi Abhishek..Thanks for info..so, what you suggest should i fill form online and also pay $6 online first then visit san diego or will pay there and how much time it will take…thanks


                  • Anil Gupta
                    Anil Gupta 19 Apr, 19 at 11:57 am

                    It is better to pay online and save time.


  15. Saravana
    Saravana 21 Mar, 19 at 11:54 am

    Hi, I got my I94 extended in Sand Diego Border on Mar 19th. I was told to cross border and i had go thru Mexico Immigration ,sign Customs Form , go out, take the Tijuana bridge and walk towards USA border, reached US immigration and requested for new I94 . Officer took me to the place where they give new I94, gave Bio metrics and done. Approx took 45 mins . Thanks Anil for this Kind of Forum.


    • Anil Gupta
      Anil Gupta 21 Mar, 19 at 7:13 pm

      You are welcome.
      Thanks for sharing your experience. I appreciate it.


  16. sasi
    sasi 20 Mar, 19 at 10:44 am

    Hi Anil,
    i have different scenario for my wife .
    My wife came from india yesterday through philadelphia POE.
    we live in omaha , NE.
    She is on h4 visa . has visa until may 8th 2019. she got h4 ext few months back until 2022.
    but she got i-94 until visa data may 8th 2019.
    When i called philadelphia cbp office , they have suggested to call local USCIS office .
    Any next steps suggested would be great


    • Anil Gupta
      Anil Gupta 20 Mar, 19 at 5:36 pm

      Why did not she carry H1B’s approved i797 to show at the port of entry? She should have carried it to get the extended i94 based on your H1B approval.

      Now, you have to file H4 extension for her OR go out of US again and use your (H1B) approved i797 to get extended i94.


      • sasi
        sasi 20 Mar, 19 at 5:52 pm

        Hi Anil ,
        She carried with her latest h4 extension and my h1b approval copy as well .
        At Poe they did not ask her anything so she did not think of showing to them . I am trying to contact local cbp office to get updated . Will keep posted


        • Anil Gupta
          Anil Gupta 20 Mar, 19 at 5:52 pm

          Local CBP office will not update it now. She should have shown the latest H1B approved i797.
          Unless you explicitly show it, immigration officer won’t do it on their own.


          • sasi
            sasi 20 Mar, 19 at 6:08 pm

            You mean my wife should have shown my H1b approval and her h4 extension approval ?
            . CBP officer will get back to me tomorrow . Will see . I wil keep you posted .


            • Anil Gupta
              Anil Gupta 20 Mar, 19 at 7:32 pm

              Only your H1B i797 approval is required to be shown at port of entry and not the H4 i797.
              You will be extremely lucky if your local CBP officer issues new i94.


              • sasi
                sasi 21 Mar, 19 at 7:32 am

                my local CBP officer has updated my wife i94.
                FYI. when i spoke to him over the phone he gave one email address to send my wife’s passport copy and h4 extension copy.
                i94 website also shows the updates, glad he updated everything.


                • Anil Gupta
                  Anil Gupta 21 Mar, 19 at 7:24 pm

                  Good that he did it. Normally, they do not.
                  Thanks for sharing the information.


                  • sasi
                    sasi 21 Mar, 19 at 7:42 pm

                    Yeah glad he did that . Saved all the time


                    • KS
                      KS 30 Apr, 19 at 10:32 am

                      Hi
                      I am an H1B holder living in Chicago and my i94 currently has Passport expiry date of May2019 whereas the Visa on my passport is valid untill Sep 2020. You mentioned that CBP office gave you an email id for i94 extension. Can you explain the steps you took to contact CBP office?
                      Should I get an extension filed by my employer or would CBP office help with i94 extension?


                    • sasi
                      sasi 30 Apr, 19 at 8:33 pm

                      I have connected with my local cbp Office . But my wife’s passport has not expired . They have updated based on her h4 extension . Not sure it will work for you.
                      First thing You need to contact your local Cbp office where you live . They will give based on your passport expiry and your H1b expiry date .


  17. Rajendar Reddy
    Rajendar Reddy 18 Mar, 19 at 10:16 am

    Hi Anil,

    I entered into US on August, 2017 and visa was valid up to 21, December 2017. My employer applied for an extension for H1b and i-94. I received H1b extension approved until 21, December 2018, then employer applied for another extension on 3 December 2018 and waiting for approval.

    My question is when I check for most recent I-94 it is showing as 21/12/2017(Admit Until Date : 12/20/2017). It’s not showing updated date after my first h1B extension. Is I-94 gets updated only at the date of entry or should it be update after H1b extension?

    Thanks
    Rajendar


    • Anil Gupta
      Anil Gupta 18 Mar, 19 at 10:26 am

      Check your H1B extension approval’s i797 copy and it should have your new i94 attached to it at the bottom.


      • Rajendar Reddy
        Rajendar Reddy 18 Mar, 19 at 11:37 am

        Got it. Thank you!


  18. Shanmugam Ramasamy
    Shanmugam Ramasamy 18 Mar, 19 at 7:29 am

    Hi Anil, Thanks for your post and quick response to each questions posted to you. I have a typical scenario. Could you please help me with you suggestion?

    I am in US on L1 visa. My petition & I94 expires on 4th Apr’19 and my dependents I94 expires on 23rd Mar’19. We have filed our extension with USCIS. Now the issue is my spouse passport expires on 3rd May’19. While filing my extension, neither my employer nor attorney expressed any concern on it.

    I will start the process of renewing my spouse passport this week. My question is

    Will there be any issue in getting the i94 extension for my spouse?

    If she gets it, will it be based on his passport expiry date?

    Once I get the new passport, can I amend the petition & I94 extension application with new passport details?

    Please advise my next appropriate steps.

    Thanks
    Shanmugam


    • Anil Gupta
      Anil Gupta 18 Mar, 19 at 8:14 am

      There are 50-50 chances that USCIS may just issue a new i94 for full extension validity.

      Ideally, you should have got the new passport before extension to make all things straight.

      If they do restrict your spouse’s i94 to match her passport, then you will have to use any one of the above mentioned options to get new i94.


      • Shanmugam Ramasamy
        Shanmugam Ramasamy 18 Mar, 19 at 8:24 am

        Thanks, Anil. You are right, i should have renewed the passport before applying extension. I missed it.

        My extension application was filed last week. Once i get the new passport in next couple of weeks, is there any possibilities to amend my extension application with new passport details?


        • Anil Gupta
          Anil Gupta 18 Mar, 19 at 8:30 am

          Amendment is same as filing the application again.


  19. aJ
    aJ 13 Mar, 19 at 9:36 pm

    Thanks for this informative post Anil. Quick question, is there any specific consideration i. Case of minors? I-94 of my son, who is 5, got expired because of exactly this passport expiry issue and we didn’t realize. Now am worried what should we do. We were thinking of going to canada or any other country but are afraid is he is denied entry by CBP while coming back


    • Anil Gupta
      Anil Gupta 14 Mar, 19 at 8:27 am

      If your son’s i94 has already expired, then the only way to get a new one is to go out of USA and re-enter. Your son is already “out of status” and you are adding each new day as extra “out of status” time.

      Note that you will have to always explain reason of this overstay in all future visa applications now.

      I suggest to immediately go out and get a new i94. There is no issue with minor’s entry as long long your paperwork is fine.


      • AJ
        AJ 14 Mar, 19 at 5:25 pm

        Thanks a lot Anil


  20. Ravi Sondur
    Ravi Sondur 22 Feb, 19 at 7:14 pm

    My son in L1 dependent visa, has valid visa till 2020. His i-94 expired on 31/Dec/18 due to expiring passport. Received fresh passport and applied for i-94 extension (I 539) on 01/Sep/18. How long can i legally stay in USA before making a decisions of re-entery thru Canada.


    • Anil Gupta
      Anil Gupta 22 Feb, 19 at 7:25 pm

      Official USCIS says 240 days but it is not implemented strictly for dependents. See this
      same case with H4 dependent.


  21. Ravi Sondur
    Ravi Sondur 22 Feb, 19 at 7:14 pm

    My Son I94 Expired on 31Dec18 because of expiring passport. but has valid visa till 2020. Received new passport and applied for i94 extension (I 539) on 01/Sep/18. No response yet. how long can i legally stay before i make decision to go out of country and re-enter.


  22. Saravana
    Saravana 21 Feb, 19 at 4:23 pm

    Is it a good choice to apply for 194 extension through USCIS ( I 539). My Employer is ready to do that. FYI My I94 Expires July 2019 and i have Visa till 2020. Requesting your suggestions Pros/CONS of it.


    • Anil Gupta
      Anil Gupta 21 Feb, 19 at 4:24 pm

      Its your choice. Applying I539 extension is also one of the way to extend your i94. Its just that the waiting time is too long in the range of about 8-9 months.


      • Saravana
        Saravana 5 Mar, 19 at 2:19 pm

        Anil One last Question on San Diego I94 renewal process. In the Post You have mentioned we need not go to any Mexico Immigration atall and it is enough if we can just cross broder return back to CBP. Wont the Officers in CBP Expect any Mexico stamping in our Passport ? Wont they ask for any proofs that i crossed the border. I see most users go meet mexico immigration get an entry and then returning to US. You advice on this please.


        • Anil Gupta
          Anil Gupta 5 Mar, 19 at 2:57 pm

          US immigration does not care about other country’s entry-exit stamps in your passport.
          They only care about US stamps.

          When they ask you to cross border on foot, you do go out of US border and enter Mexico. Some people do go all the way to Mexico immigration and get the Mexico entry stamp and some just turn back mid-way.

          In both cases, you have actually gone out of US border.
          So, in case the US immigration officer denies you entry (in worst case scenario), you will be in Mexico officially.


  23. Chirag
    Chirag 5 Jul, 18 at 3:38 pm

    Hello Anil,

    First of all – a big thank you for all your efforts on maintaining such helpful material on such a stressful topic. This has helped us a lot.

    My scenario:

    My Indian passport, I797 and I94 (that came with I797 extension) – all have an expiry date of May, 2019. My stamped US visa has already expired on October, 2016. I have applied for a new passport that is due for arrival from the CKGS in another week. I am planning to visit the US embassy in Vancouver, Canada to get my visa stamping done on the new passport. I have plans to travel to India in September this year and I want to avoid visa extension there because I have heard it’s a much hassle free process here in Canada.

    My questions:
    1. Do you foresee any challenges/issue I may face in going for a visa interview in Canada versus India?

    2. Once my visa is stamped (most likely it will be stamped till May, 2019) – and I am returning via road to US, do I need to ask the CBP officer for a new I94? Or will the one attached to the I797 approval work as its still valid. According to the CBP site, my I94 was last expired on Oct,2016 although I did get a new one with my I797 extension (till May, 2019).

    3. I will have around 2-3 months left after May, 2019 on my 6 years of H1B. Have you seen cases, where this short of a duration has been approved if I go for a H1B extension?

    thanks for all the help!


    • Anil Gupta
      Anil Gupta 5 Jul, 18 at 5:02 pm

      Hi Chirag,
      1. I don’t see any issue with stamping in Canada. If anything has to go wrong, it can go wrong while stamping in India too. If your paperwork is fine, you should not worry and go ahead with your plan.

      2. Whenever you re-enter US after a new visa stamp from Canada, the i94 is renewed automatically. You will see the renewed i94 online or they might give you a paper based i94 (normal standard procedure when entering US through car or walking).

      3. If i understand your question correctly, you mean H1B extension for period of 2-3 months? Yes, people do apply for remaining time in 6 year quota and do get extensions. This is normal.
      For H1B extension beyond 6 year, you would need PERM and i140 approvals.
      https://www.am22tech.com/i140-h1b-extension-or-transfer-after-6-years/


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