If your i94 has been stamped for shorter duration than your actual non-immigrant H1B, dependent H4 or L or any other visa’s end date, you will have to get it renewed after your passport renewal.
Shorter i-94 validity is possible if your passport expires earlier than your Visa expiry date.
CBP (Custom Border Protection) takes this decision and will match the i-94 expiry with your passport’s validity.
It is important to get the i-94 renewed before it expires. Your period of authorized stay within US is solely governed by i-94 validity date.
Documents for i94 extension after passport renewal
i-797 Notice of approval form
Old/Existing i-94 . You can get it here on CBP website anytime.
Your Old passport (all old expired) and the most recent new passport .
US address proof – Any one – Utility bill or Lease agreement or driving licence or state ID.
1. Visit CBP Office at US Mexico border in Texas, California or Arizona
There is NO official guidance from CBP or USCIS on how to get your i94 extension after passport renewal at any of SENTRI/CBP centers located at the US mexico border.
This is because SENTRI program primarily is for faster processing of border checks for 'Known' persons.
The CBP office at border can also extend your i94 based on new passport validity and i797 approval.
TIME required: New paper i-94 is issued immediately.
You can expect to be interviewed. This would be similar to the one you face at Port of entry.
You should also have all the proof with respect to your legal stay in US.
US Mexico border - At CBP office / SENTRI center
Check our detailed guide for specific border and other user’s experiences:
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
2. Go out of country (US) and re-enter (Official)
This is the easiest and FASTEST method of getting a renewed i-94 but requires border crossing.
Related: Automatic ReValidation H1B Canada Mexico
You can go to Mexico or Canada too and then re-enter to get a new i94.
CBP normally would not issue you a new i-94 if you re-enter from Mexico or Canada within 30 days. That is fine. This is the normal process.
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 is given to you free of cost. The only cost is your travel, if you are going out only for getting a new i-94.
TIME required: New i-94 is issued immediately.
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.
Many people travel to Laredo, Texas to get it renewed.
3. Apply for i-94 extension of stay using form i-539 (Official)
This is the most expensive and SLOWEST method of i-94 renewal or extension.
FEES: $370 for i-539 application.
If you use attorney services, their fees will be extra.
TIME required: Current waiting times are about 6-8 months.
USCIS recommends filing for i-94 renewal at-least 45 days before its expiry.
This form is primarily used for your Visa extension and i-94 is a by-product.
If you use this method, you would be technically applying for visa renewal with USCIS and not CBP.
Can i94 be extended at CBP office inside international Airports?
There is no official documentation related to i-94 extension on CBP website and hence, we can't really say with 100% confidence, if they can do it.
Some people do report that some of Airport CBP offices have entertained their request, but those claims are not reliable.
Normally, the CBP offices located at airport entertain the requests for fixing the i94 errors and not extension.
How long can we stay in US 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 non-immigrant 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 i94 expiry date.