how about I-94

xyk

Registered Users (C)
My wife I-94 gonna expire in three months. We checked the BCIS website, and found even no form for I-94 renewal could be downloaded.
guys, any suggestion about renewing I-94?
 
No need to renew I-94 if your wife is an AOS adjustee, her status is not dependent on the duration of the I-94, instead it is suspended until her case is adjudicated.

If she is not an Adjustee, then expiry of I-94 indicates expiry of status and she will need to leave the country and re-enter on a valid visa or travel document.

Please be more explicit with your questions if you want accurate answers. We really have no clue about yours or your wifes case details so cannot advise accurately unless we have that information.
 
I-94 is an enty/exit document unless specified otherwise. Usually there is a notation D/S (duration of status) on your I-94 written by the immigration officer at the port of Entry. This means that the I-94 is tagged on to your visa's validity date. In these situations, you just need to renew your visa. If it did not say D/S, it should state a date of expiry, in which case you are allowed to stay here only until that date.This is regardless of your visa expiry date.This commonly happens with visitor's visa. So if your I-94 date is up, i don't think you can "renew" your I-94 by staying in this country. You gotta leave and come back.

This is to the best of my knowledge. If you find valid information that is different from this, i would be interested in knowing about it.
 
What if you entered the US on an F1 visa with D/S on the I-94, changed to practical training, then H1 permit, but never left the US, never obtained an H1 visa. Would there be any problems now if travelling on AP?
 
gopher97,

That is pretty much my story! Din't have a problem entering on AP. The key here is Status, if you are in status then I-94 expiry is meaningless. I know Bitterman tried very hard to renew his I-94 on expiry after applying for AOS, and they kicked him out of the INS office for wasting their time.

But there is a world of difference between a Tourist Visa and a F/H visa. Tourist visa holders are usually given entry rights for very limited periods of times, usually 6 months (which can be extended by another 6 months), but F1 visa holders can pretty much stay in this country for as long as they hold a valid I-20.

So the key again is Status, if you are in Status you are okay, if you are not, then you need to leave the country and give up your I-94.
 
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