There are 3 ways to get i94 renewed:

• Visit the CBP office at the US land border in Mexico or Canada (Recommended) OR
• Go out of the 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. Most recent 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 – Anyone – Utility bill or lease agreement or driver’s license or state ID.

How to Renew i-94

Once you have got your passport renewed (for example Indian passport), you have the 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 fee at the USA-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.

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 the 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 at the port of entry at the airport.

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

US-Mexico border i94 extension experience

• San Diego, California – US Mexico Border (San Ysidro) step-by-step i94 extension process
• Laredo, Texas – US Mexico Border step-by-step i94 extension process experience
• Arizona – US Mexico Border step-by-step i94 extension process – COMING SOON

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/expires soon.

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

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.

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 an 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 the approved i797.

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

Source: USCIS

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Your Visa stamp in your passport is only required to enter the USA. Once you have entered the USA, your i94 defines how long you can stay.

The USCIS-approved i797 petition for some visas like H1B, L, etc is required to get a US visa stamp. A USCIS petition is not required for visas like B1/B2, H4, or L2.

What is Out of Status?

‘Out of status’ happens when you are not able to stay in the USA as per the terms and conditions of the visa type printed on your i94.

See this sample i94 which shows ‘Class of admission’ as ‘H4’. This means that you have to stay in the US and abide by the H4 visa’s terms and conditions.

#1 B1-B2 Visitor or Business visa

You are visiting the USA using a B1 visitor visa and are staying with your kids. Your status is printed on your i94 card as B1/B2 and you are just visiting places and enjoying your stay. You are in legal status.

#2 H1B Visa Status – Payroll not running

You are on an H1B visa approved for employer A. Employer A is looking for a client project for you and has not started your payroll after you entered the US.

You are ‘out of status’ as your payroll is not running as per H1B visa terms and conditions even though your i94 is still valid.

H1B employers are required to pay you a salary on ‘bench’ time. It does not matter if you are waiting for a new client project.

#3 H4 Visa Status Violation by Working without H4 EAD

If you used an H4 visa to enter the USA, you are expected to NOT work unless you have acquired H4-EAD (work authorization).

If you work and are getting paid on H4 without an EAD card, you are violating your US visa status.

#5 Working on H4 without H1B change of Status Approval

If you break any of your existing visa-related rules before your status has not been explicitly changed (by you) using the ‘Change-of-status’ application, you are considered ‘out-of-status’ for the period you broke the rule.

#6 Staying in the USA after the i94 expiry

You should file your visa extension before your i94 expiry to avoid status violation and stay in the USA.

Period of Authorized Stay

You are in a ‘period of authorized stay‘ if you filed an extension of stay with USCIS before your i94 expired.

USCIS’s period of authorized stay allows you to stay in the USA while your application to extend status is pending.

This period of authorized stay continues until the USCIS issues a decision on the pending case. If the application or petition is approved with an extension or change of status, the period from the date your visa expired to the date of the USCIS decision is automatically converted to ‘Lawful status‘.

Please note that you have to abide by the USCIS decision as and when it happens. Other rules need to be followed depending on your visa, in this waiting period. If those rules are not followed, your waiting period could be marked as ‘out-of-status’ even after they take a positive decision.

Unlawful Presence

If you are neither in ‘lawful status’ nor in ‘period of authorized stay‘, then you are in ‘Unlawful presence‘.

FAQ

The post What is Out of Status in USA? Is Visa extension denial an Unlawful Presence? appeared first on AM22Tech.

You may need a new i94 in many situations including but not limited to:

• Passport Renewed: Your last i94 entry to the US was stamped to match your passport expiry. Once you renew your passport, you can get new i94 with validity matching your i797 approval.
• H4 EAD auto extension: You need a new H4 i94 to extend your stay based on your spouse’s new extended H1B approval after the extension, transfer, or amendment. As per the new USCIS rule, the new H4 i94 will help you get an automatic H4 EAD extension for up to 180 days.
• L2/E2 EAD new style i94: USCIS will ask CBP to start issuing new style L2/E2 i94s soon which will enable you to work without getting an EAD separately. Once it starts sometime in Jan/Feb 2022, you can visit the border and get the new i94.

Documents for i94 extension Laredo TX, US Mexico Border

1. Original Approved i797. Example: If you are on an H4 or H1B visa, your OWN approved the i797 original document.
2. Your Old (expired) and New passport.
   For example, the passport with your US visa stamp should also be carried in the original.
3. Your US address proof
   Could be any utility bill, your driving license, state ID, EAD card, or Lease agreement.

i94 extension Laredo TX Border crossing required or Not at Bridge 1?

First and most important, you may be asked to cross the border. It’s a 50-50 chance and is dependent on the CBP officer. Be prepared.

Both options are okay and can be done at Laredo, TX border easily.

In this example case, the officer asked to cross the border using Bridge 1 (Pedestrian Bridge over River Rio).

Bridge 2 is for cars coming into the US from Mexico. You can use it too but I would not recommend it.

STEP 1:

Go to the CBP office. Try your luck with the immigration officer by asking for a correction of i94 based on a renewed passport.

If the officer fixes your i94 to match your i797 date with a new passport, you are lucky and you are done.

STEP 2.

If you are asked to cross the border and re-enter the US, then use Bridge 1 (Called Gateway to America) to walk. Details are given below with pictures.

Laredo TX border Car Parking

#1 Valero gas station

Valero gas station is right across the street from the CBP office and is the closest car parking.

The exact address for Valero Gas Station is:

619 Farragut Street, Laredo, TX

Park your car, walk inside the store, buy a parking tag, and then hang it on your windshield.

• Parking cost: $5 per hour.
• We suggest buying it for 1 hour. If you take more time, you can pay later for extra time. They do not tow your car 🙂 Don’t worry.

Cross the street and you see yourself walking in the CBP office lot. The total walk time is just 2 minutes.

#2 Paid parking at Pedestrian Bridge 1 – Laredo Outlets Mall

Mall Address: 1600 Water St, Laredo, TX 78040

The mall used to have free parking earlier but now, there is no free option as reported by some users recently.

The parking cost is $2 per hour with a maximum of $16.

Walking from CBP office to Laredo Bridge 1

Bridge 1 is about 10 blocks walk from the Gas station (or CBP office) walking on Hidalgo St.

If you are first trying your luck at the CBP office for the i94 extension, you can choose to park free either at the mall or Valero gas station (paid).

Walking from the CBP office to Bridge 1 is not recommended for kids. It’s a long walk. Better drive and park at free mall parking. The market that you walk through on Hidalgo street looks deserted too.

Nobody on the street speaks English. You may use Google translate app to talk to a local person if you need help translating Spanish for directions to bridge 1.

1. Bridge 1 is connected to the mall. Once you are in the mall, just follow the signs to Mexico. The signboard would read “Welcome to the Gateway of the Americas“.
2. You will just see normal stairs and a kiosk to pay for the bridge crossing fee. You can either use quarters or cash to get the coins, they also have a change-maker kiosk. The fee to enter the bridge is USD $1.
3. Once you have paid the fee, you will simply walk down the stairs and see a signboard pointing to ‘Mexico’. See red circle (shown in image).
4. Follow the sign and you will find yourself on Bridge 1.

Cross Laredo Bridge 1 mid-way to enter US i94 line

Crossing the bridge midway is also known as ‘Jumping the line midway‘.

There is no separate signal button/light to allow for crossing the street safely as you see on US streets generally. Just look for cars and then cross when you feel it is safe.

It is allowed to cross like this as I confirmed from the US police officers posted on the other side of the street, before crossing.

After this point, you should enter the ‘General Queue‘. Do not enter the ‘SENTRI‘ line since you do not have a SENTRI card.

• The queue is smaller on weekdays (Mon – Friday) and you can get through the process within 15 minutes.
• It takes a lot longer on weekends. I have heard timing from 2-3 hours as the line is longer.

Once you reach the immigration officer, you will be questioned the same as you would have seen at PoE (Port of entry).

You have to pay $6 in cash per person here if you have not paid already online to get renewed i94.

Laredo, TX Port of Entry Address

The exact address for the CBP office is

300 San Dario Avenue, Laredo, TX

If you are taking Uber or Lyft, you can set the Gas station address as your destination as this CBP office address might not come up in a Google address search.

Fee – $6 – Cash or Online

#1 CASH payment

Look for the PERMITS sign on the building entrance or door.
Once you are in, you can make the payment and wait for your name to be called.

The waiting lines may be long at the CASH payment counter.

#2 ONLINE payment

So, it is advisable that you make the payment online at the CBP website with the ‘Land’ border’ entrance option.

• This payment is valid for 7 days meaning that you can pay online and visit the border for i94 days anytime during those 7 days.
• There are no refunds if you miss the 7-day deadline.
• A payment receipt printout is required.

Interview Questions

The immigration interview would be the same as you would have faced (by an immigration officer) while entering the US at any port of entry (PoE) by Air or sea.

They consider it the same as your re-entry to the US.

i94 Extension Approval

Once the officer is satisfied, he will take your fingerprints and a picture. This is exactly the same as what happens at any other port of entry.

You are given a paper I-94 i.e. your new updated i94 is printed on paper and given to you.

Keep paper i94 safely as you would be asked to show it while you are traveling back from Laredo, TX back into the US at a vehicle inspection site on I35 North (interstate i-35N) around 25 miles from Laredo, TX.

Here, all vehicles are stopped and your immigration papers are checked.

Your passport is stamped with new dates as applicable per your approved I797 validity.

FAQ

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