Extend i94 for H4 dependents after passport renewal with no i797 approval

USA
#1

Hi Anil,

Me, my spouse have I-94 till 2/14/2020 till my old passport expiry date and my son’s I-94 is valid till 12/2/2019 as per his old passport expiry date . Both our passports are now renewed and want to extend I-94.

I have valid I-797 and H1-B visa is stamped till Feb’2021. But, both the H4s don’t have “approval notice” and their “H4 visa is expired”.

In this situation, do you suggest visiting San Diego and cross the US-Mexico border for I-94 update? Will the H4 be able to re-enter US?

Thanks,

Pradeep

I94 extension at San Diego Ysidro US Mexico Border, Old passport expired, Renewed passport
#2

Hi @settypradeep
To understand your situation, i need to know how your H4 got i94 validity till 2019 and 2020 without a valid H4 visa stamp for same period.

#3

Hi Anil,

After my H1B extension in Feb’ 2018 on premium, we traveled to India at which point all our visas were still valid. Only I completed my visa stamping. On return at the port of entry, based on my I-797 both dependents were allowed on H4. Hence the current I-94 validity.

Did not get the H4 visa stamping done on my last visit to India, as the dependents did not receive their approval notice.

Thanks,

Pradeep

#4

In your case, i do not think that visiting border is an option as H4 visa stamps have expired.

Your H4 dependents need valid visa stamp to enter US if they cross the border.

My suggestion is to apply for H4 extension to get their status extended and get new i94.

#5

Hi Anil,

Doesn’t the Automatic Visa Revalidation apply here?

Thanks,

Pradeep

#6

You need H4 i797 approval for Automatic Visa Revalidation which your H4 dependents do not have.

#7

Got it, Thanks Anil!