I94 Expired for H4 due to CBP side mistake, what are options to extend

h1b-extension
(H4Extend) #1

Hello Everyone,
Need clarifications on below situation:
Dependent’s I-94 date that was provided by CBP till May,19 on the passport that was expiring in Dec,18.
But the online I-94 record date came up as April,19. This was different from what was stamped on the actual passport.
When I was getting ready to file my extension in Mar last week, I came to know about this and needed to extend the date, so that my employer can file his extension along with my extension. So, I contacted local CBP to get this corrected. But CBP folks cited that the original date was wrong and then backdated the I-94 further to passport expiry date and this event took place 5 days before my visa was expiring. Leaving me with no time to file my dependent’s I-94 extension.
So, my extension was applied in premium and within 2 weeks I received my extension approval with new I-94 date by May 1st week.
Now that I have the extension, my employer is asking me to extend my child’s extension on my own.
What is the best way to do this and what are my options?

(Anil Gupta) #2

Best way is to visit US Mexico land border and get the new i94 for your H4 dependent.

You can see the San Diego process and other people’s experience here:

(H4Extend) #3

Thanks for the info Anil, but will the CBP officer not question the updates done on the I-94 from Apr,19-Dec,18 and ask to go for other routes to get this addressed?

(Anil Gupta) #4

Did you read the experiences shared on the link i gave above?

People have got the new i94 even after 1 year of i94 expiry at San Diego border. Please read.

(H4Extend) #5

Sure Anil, will go thru that. Just worried that in case they stop my child from entering thru the Mexico border, because his visa and I-94 both are in expired state.
Just want to be sure of this approach.

(Anil Gupta) #6

Hi @H4Extend

Wait. Did you just say that visa stamp has also expired?

In that case, you should go out of US, apply for new H4 visa in US embassy and then enter US.

Land border option works when visa is valid but i94 validity is given to match passport expiry.

(H4Extend) #7

Yes, his visa is dependent on my visa, right. That visa expired last month and is now renewed. But due to his expired I-94 my employer didn’t file for his stay extension. So technically he is out of status.
I am looking for guidance on:

  1. The various options to file for his I-94 extension(I-539 and nunc-pro-tunc is what i have discovered till now)?
  2. Is a 5 yr old child considered to be illegally present and how does the bans affect the child?
(Anil Gupta) #8

Every individual has to follow the law irrespective of age.

Filing i-539 with Nunc Pro Tunc is an option and probably the best way to get your son’s unlawful time in US legal, if approved.

But, the application may take time and if not approved, you will have added more unlawful presence time to your son’s name.

Use your best judgement to move ahead. My suggestion is to go out and get H4 stamp as its the fastest way possible at this time.

(H4Extend) #9

Thank you for the information Anil!

Apart from the option stated above, what other options do we have as we are not planning for any vacation / travel right now.

(Anil Gupta) #10

I do not know of any other option.