Canadian on H4 visa - i94 expired, DMV rejects to issue DL

I

indy29

New Member
Hello,

My H1B and my wife's H4 expired in Sept 2023. But we got our extensions before expiry though we never left the country after that. She canceled her Indian passport meanwhile and we applied for an extension & EAD on her CAN passport. We got the approvals for both. No issues so far. But when we went to DMV for DL, they refused to issue it because her i94 expired in Sept 2023 on her Indian passport. They asked us to obtain an unexpired i94 and return it to the DMV. Do we need to travel abroad and return to the US to obtain an i94? Or can we update it within the US? There is a CBP office in the city where I live. Can they update i94? I have not called them, Planning to call them on Monday.

(She entered the US on an Indian passport we thought her CAN did not have a visa, yeah but later we found out she doesn't need a visa to travel).
 
You guys do each have an unexpired I-94 -- you both got I-797A approval notices for your Extension of Stay, and as part of the page of the approval notice, is a new paper I-94. Once you received that, it superseded any previous I-94s you may have had, including the I-94 you got at your entry. You should have shown that paper I-94, and not any previous I-94s like the electronic I-94 from entry from the CBP website. You do not need to "update" anything -- you have the new I-94 physically in your hand. This paper I-94 will never show up on the CBP I-94 website, since that is only for I-94s from entry. That is normal.
 
If your wife received an H4 extension and EAD approval, but her I-94 expired, you do not have to leave the country to renew the I-94. You can update your I-94 by contacting your nearest CBP or Border Patrol office. They can renew I-94 directly in the US without having to leave the country. When you contact the CBP office or Border Patrol, make sure you have all the necessary documents and information, such as your passport, H4 and EAD status extension approval, and other documents that may be required to update your I-94. Once your I-94 is updated, your wife will be able to get her driver's license from the DMV without any hassle.
 
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