i94 Extension after Passport Renewal in USA

i94 extension after passport renewal without crossing border - $6 fees. Or re-enter US - no fees. Or File i539 extension of status with USCIS - fees $370.

Written by Anil Gupta
  By Anil Gupta          Updated  17 Nov, 19

  76    


i94 Extension after Passport Renewal in USA can be done at US land border in Mexico or Canada or filing i539 extension of stay. You should get a new i94 issued if your current one was stamped by CBP to match your passport expiry.

Immigration officer at US port of entry will give short period of authorized stay to match lesser of visa end date or passport expiry date.  Your period of authorized stay within US is solely governed by i-94 validity date.

Documents for i94 extension after passport 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

i-94 extension can be done at US land border CBP office. You may be asked to cross the border. There is 50-50 chance depending on the CBP officer you see. These CBP offices are located on US side of border and you can easily go and get things done.

CBP office inside international airport terminal can only extend your i94 if it has any mistakes. Short i94 expiry due to passport expiry is not a mistake.

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.

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 i-94 since your old one has expired/expiring soon. They will honor the request and may charge $6 as fees.

Renewed i-94 may be given to you free of cost.

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.

#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.

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.

i94 Extension at CBP office Inside International Airports

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.

US legal stay time after i94 expiry

A person on dependent visa like H4 can stay in US legally for 120 days after i-94 expiry, if the extension has been filed timely. In real world, USCIS does allow H4 dependents to stay beyond this time though, it is not recommended.

If you are on work visa like H1B, your legal stay can be up-to 240 days. You can even file the extension on last day of i-94 expiry, but the application should be received by USCIS on or before last day.

Source: USCIS


USA
 






   76 Useful Questions & Answers from comments



  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