i94 Extension

[tomayank]

Hello Rajiv,

I am on H1B visa and have some questions for you related to my H4 dependents:

1. My daughter's passport is expiring in Nov 2021, and her i94 is valid until then. I am filing for her passport renewal. Will I be able to extend her i94 until my current petition end date ( Feb 2022) without going out of the US?

2. My wife's passport expires next year, should I file my extension after renewing hers and my daughters passports? If I file with her current passport, will she get her H4 until the date on my petition or until her current passport expiration date?

There are three questions , hopefully you won't mind answering.

Looking forward to your response
Mayank Garg

 

[wagecuck3]

1) Yes, she needs to file form I-539
2) The official USCIS booklet says that the passport must be valid for the entire length of the extension that you're applying for. so it would be better to renew the passport first, and then apply for the extension. Though I am not sure whether USCIS actually enforces this rule.

 

[SusieQQQ]

1)
2) The official USCIS booklet says that the passport must be valid for the entire length of the extension that you're applying for. so it would be better to renew the passport first, and then apply for the extension. Though I am not sure whether USCIS actually enforces this rule.

Pretty sure they do as have seen reports of people’s extensions limited to the validity of their passport. Passport information is required on the application.

 

[newacct]

1) Yes, she needs to file form I-539
2) The official USCIS booklet says that the passport must be valid for the entire length of the extension that you're applying for. so it would be better to renew the passport first, and then apply for the extension. Though I am not sure whether USCIS actually enforces this rule.

It doesn't say that it has to be valid for the entire length of the extension at the time you apply for the extension. It might just be a simplified description of 8 CFR 214.1(a)(3)(i), in which it says that the passport just has to be valid at the time of the application, and you agree to maintain validity of the passport during the extended period.

The passport of an alien applying for extension of stay must be valid at the time of application for extension, unless otherwise provided in this chapter, and the alien must agree to maintain the validity of his or her passport and to abide by all the terms and conditions of his extension.

The regulations do require the passport to be valid for a certain length of time for admission, but not for extension of stay.