I94 expiry for minor due to Passport expiry - options to renew


My 5 year old daughter’s passport (on L2 visa) and i94 is expiring in 30 days although she has valid i797 expiring Sep 2021. We are getting renewed passport back this week. I wanted to know what my options are to renew her i94? Both me and wife have valid i797 from approved visa till Sep 2021. Is it okay for us to allow minor to overstay her i94? I heard upto 240 days of overstay for dependent is allowed by USCIS as long as primary has valid i797.
My wife and I cannot travel outside US to get daughter’s new i94 since wife doesn’t have Visa stamp and my GC 485 is pending.Appreciate any help on this.

Thank you,

Talk to your company attorneys but I think you would need to file an extension for your child’s L2 visa with the new passport. COMPLETE guide to L2 visa for dependents in the U.S. [2020]

Hi @PrashanthV1

You have heard wrong information.

There is absolutely no overstay allowed. If you do, your visa can be denied in future.

The best option is to file L2 extension using form i539 or get new i94 by visiting any land border.

Thank you @Anil_Gupta. I will try getting i94 once I get new passport and if not, apply for L2 extension.

Thank you Nimit. I will do that. Appreciate your inputs