i94 expired but has valid visa

[mandrake]

My family came to use in 2024 from India and our visa expires in July 2025. My son's Indian passport expired in December which I already renewed. When I went to file for my L1 visa extension I realized that my son's i94 expired along with his old passport. His L2 visa is still valid. What option do I have now? My visa category is L1A and my son is my dependent.

 

[newacct]

A late Extension of Stay application is only accepted if there is good cause to be late, and I don't think there is good cause here. Your son needs to leave the US and re-enter. In my opinion, your son's L2 visa has been automatically voided by INA 222(g), which also means he can only apply for US visas in his country of nationality from now on. So he would have to go back to India, get a new L2 visa, and come back. However, some children in this situation have managed to return withing getting a new visa, so YMMV.