H4 I-94 extended at Border, Question about DS160 for next Visa stamping

USA H4 Visa
1

HI Anil,
We extended my wife’s H4 Visa I-94 by visiting the Otay Mesa CBP office.
I now see a new stamp on her Passport which shows Arrival at Otay Mesa on 16th May 2019.

But we both came from INDIA to US on 26th Sept 2018.

So my question here is that when we are filling the future DS 160 for her, it has a question about last 5 US Visits, and should we include this Otay Mesa Entry as one of the visit?

Since this I-94 extension technically means she entered US at Otay Mesa?

I think a lot of people who got their I-94 extended the border without crossing will have the stamp as entered from Otay Mesa/San Ysidro without actually going out of US.

Was wondering what your thoughts are on that when we need to fill the DS160 last five US visits after extending I-94 at the border.

Thanks,
Abhi

2

Yes, you should consider this stamp as a new entry from Mexico to US for the purpose of writing in DS 160.

3

Hi Abhi,

I have a quick follow up question, when your wife went for i94 permit, was it based on your i94? did you have valid visa stamping and latest i94 issued by CBP? or was it just the i94 renewed on the approval notice by USCIS?

My wife went for i94 permit with my approval notice but they didnt issue her one. My last i94 done at port of entry was before the renewal. I just got my approval notice and have not got chance to get the updated visa stamping done. They won’t issue her the permit till my i94 is latest with new validity.

Look forward to your response! Thank you!

4

She has a valid visa till 2020 stamped on her PP.
So it was straight fwd.

5

Hi @mivi

Your wife needs to carry H1B i797 with i94 and she should have a valid H4 Visa for herself too to get an extended i94 at border.

6

Hi Anil,

So just to clarify you mean i797 approval notice and i94 that’s mentioned on the notice by USCIS or i94 issued by CBP with new valid visa stamping.

Also what do you mean by valid H4 visa? In our case, H4 was stamped previously but it expired end of September.

Thank you!

7

Hi @mivi

I mean the most recent i94 issued to H1B.

Your wife’s H4 visa stamp in passport should be valid to visit border and get a new i94 extended based on H1B i94.

If she does not have a valid visa, then you need to apply H4 extention using form i539 and not by visiting border.

8

Hi Anil,

Got it, so just the approval notice should suffice. We have applied for H4 extension using i539 and got biometrics done as well. As of right now its pending decision.

Since we have applied for EAD as well, we want to get the i94 done for her so that we can submit the i94 permit to proceed with EAD and avoid any more delays.

Thank you so much for quick response!

9

Hi @mivi

H4 extention is the right way and you should wait.

Is her H4 visa stamp is passport valid or has expired? If expired, then she should not visit border. Instead, she should wait for extention approval.

10

Hi Anil,

Sorry for delayed response.

Let me clarify, she is a Canadian citizen and so she does not require visa, just the i94. Good news, we were able to get H4 visa stamping done and new i94 permit valid till June 2022 at Otay Mesa border crossing with my H1B approval notice.

The new i94 permit is different than the one submitted for EAD application (based on the H4 extension application).

With 2 i94 permit numbers, how will EAD application process?
What are the next steps? Do I need to reach out to USCIS for H4 EAD application and provide them new i94? or will they automatically adjust it?

Thank you!

11

Hi @mivi

Don’t you think you should have told this Canadian citizen information earlier?

I do not like to answer when people hide information and then try to ask questions whose answer will completely change due to hidden information.

Sorry, i won’t be able to answer your new questions.

12

Hi Anil,

I am sorry if you are offended. My question has been always about i94 permit and not about visa. I just asked about what was relevant to my issue and I was not trying to hide anything. Ah well, thank you for all your response and assistance!