I-94 expired with valid H4 Visa and i-797

My son i-94 expired as its was updated as his passport expiry date as 05/01/2019.
His visa is stamped and approved till 02/23/2020 on expired passport . He has renewed passport also now.

Can he go to San Deigo Ysidro border to update i-94 and will he be asked to cross border and come ?
If he crosses border and come back will his i-94 updated on online and on passport?

Hi @nisithna

Why did you wait for i94 expiry?

You should immediately visit the border and try to get new i94.

Hi Anil ,

Thanks for your advice . I did not notice and immediately went to San Ysidro Mexico CBP . They asked us to cross border and come back . I did the same there and on re-entry they gave new I-94 for my son based on visa end date as 02/23/2020.They put a new stamp of I-94 with admitted till date 02/23/2020 and date of entry as 09/27/2019 . They also took photo and bio metrics. I checked online even there details are updated as per new stamp.

Are we good now ? Also I will apply for extension for all in next 2 weeks , will this cause any issue for my son extension any further ? Also will this issue impact his GC processing.

Regards,
Nisith

Hi @nisithna

You are good. I do not think it should affect your future.

But, keep in mind that do not let the i94 expire. You should always apply for extension before i94 expiry.

Hi Anil,

My Son I 94 is valid till passport expiry 02/21 . But we have a valid visa until Aug 22 ( L1A) Also we have filed the I 485 in Oct 20. Does it have any impact on GC processing if we cross the Mexico border & they will stamp the Arrival & departure in Mexico immigration ?

Hi @caguptaritesh

The better option would be to file an L2 extension while staying in the US.

Travel is allowed if your son has an approved AP (advance parole).

Hi Nisith,

I am in a similar situation now and wanted to get some tips. My daughter i94 is expiring in two days due to passport expiry (FYI, the h4 visa is valid till yr 2022 ) . We realized just today about this mistake and I am applying for a tatkal passport . While it might take a week or more to get it … what are my options? could I go to Mexico ? Will they ask why there is a gap between by old passport expiry and new passport issue date ?

I faced similar situation, my son’s i-94 expired in November, 2020 with passport. He got a new passport but I wasn’t aware about i-94 expiry date synced with passport. I came to know about this last week (almost after 2 month) and visited San Diego border to cross and re-enter USA (suggested by attorney or over internet). The officer only asked about passports and renewed his i-94, he suggested to get it renewed before expiry next time. The I-94 got updated as per visa validity.

my question now is - what are the future consequences of the overstay for him(6 yr old)? do we need to enter this information in applications/forms (DS-160) where they ask whether you overstayed or not in past. Will appreciate if someone can answer who had been in the same boat in past.

Am also in similar situation,I have renewed my 5 yr old daughter passport in December and now I realized that her i94 expired in December. Since My petition is expiring in March 2021, should I file for i-539 with my visa extension or have the i94 corrected by visiting the border. Are the mexica /canada borders open?? Do we need to get visa for crossing the border? Please suggest.

You can not file extension without a valid I-94. I went San Diego last week, crossed the border and get I-94 renewed for my son. Mexico does not need a separate visa, h1b and h4 are good to enter Mexico. Then take a turn and enter back in USA, you need to show valid visa and I 797 and need to explain why it was not renewed before expiry. In my case I told the truth that I wasn’t aware and was thinking the valid stay is determined by visa and i797. Carry your passports, address proof, employment verification letter, pay slip etc.

Please note this is not a legal advise, check with a attorney for legal consultation.

Hi Manjeet, I have a similar situation for my 5 year old son, i got renewed passport after his I94 expiry but he has a valid visa stamping, planning to visit the US mexico border office at san diego. SHould we go to the office or just cross the border and come back. Please guide me in detail

The I-94 office is accessible only when you cross the border (San Ysidro) and come back in US. When you enter back in US, go in a yellow building (I-94 office) for I-94 update.
I-94 office in west wing is closed and east wing entrance to Mexico is near this Mcdonald’s https://goo.gl/maps/xhSLmC3mk6YhJ4sR8

Thanks Manjeet for the quick reply but the prob is i have I797 only but my wife amd kid has stamping , so i am guessing i cannot cross the border…i heard that there is I 94 office at US side too? Is it correct ?

Yes, there is a I-94 office in west wing at US side (https://goo.gl/maps/ZX4QkdUb76E5YA9E7) but that is closed currently. I went their first but was asked to visit east wing (near McDonald’s).

Quick Question Here - My son’s old expired passport is linked with new I-94 record and my attorney is saying it could be a mistake (linking I-94 with old expired passport instead of new passport) from CBP end.

I am kind of disagreeing with attorney here as the old expired passport holds the visa, CBP officer linked I-94 with expired passport(which has visa stamp).

I want to ask people here to confirm if that is case (I-94 linked with expired passport) the with everyone, who renewed I-94 due to expired passport. I will highly appreciate the response. Thank you in advance.

Hi,

My i-94 expired as my passport was renewed and I am over the period of 180 days now.
My I-797 is still valid and my employer said they will have to file H1b extension with NPT.
I am really scared as to how it will go as I have to provide circumstances for not doing it on time.
But truthfully, I just didn’t travel anywhere because of covid and keeping safe but I just realised it.
Any advice would be really helpful in this case.