Question on I-94 validity.

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vvvunlucky

Registered Users (C)
Any one can help me to resolve an issue with my son's I-94?

My son got H4 with a valid I-94 till September 2009 along with my 3 year H1 extension. When we visited India in May 2007, we returned both of our I-94's at the air port. Got the H1 stamping (for me) and H4 stamping for my son till Sept 2009.

While returning, at the port of entry (NY) I got a new I-94 valid till Sept 2009 as per the visa stamping, but my son got only upto June 2008 as his passport is expiring in June 2008.

My question is, do I need to apply for extension of stay for my son (12 years) as his current I-94 valid till June 2008? He got an approved H4 till sept 2009 but no I-94 piece on the original H4. But I am having copies of H4 with the APPROVED I-94 till Sept 2009.
 
There have been situations when people went with a renewed passport to the deferred inspection office and got the I-94 extended. But CBP has been doing it ONLY if it was a result of their mistake and passport expiry is not their mistake.

Give it a try, if that fails, you have to apply for an extension for your son.
 
First: you need to extend/renew your son's passport.
Then: Yes, you will either need to file form I-539 for extension of stay for your son before the I-94 expires OR travel out of the country before I-94 expires so you get the new I-94 at the port of entry.

My spouse on H-4 was in the same situation and after renewing her passport in the US, we filed I-539 for extension of stay/H-4 status.
 
Thanks for your responses.

I extended my son's passport already in Feb.

Just wondering as he already got an approval from USCIS to stay beyond June 2008 and but lost it because we went outside. When I-94 comes along with H4, passport expiration didn't matter. But now I need to reapply for extension of stay as he lost his approved I-94 while leaving for vacation.
 
Do you really need to extend?

Hi vvvunlucky,
Good that you extend the passport. But for the Visa, you must have the approved original for your Son's h4 visa right? You don't have to have it stamped on his passport (although it will be convenient). He is still legal and stay in this country. Only when he wants to go out of USA and come back in, then he needs the visa to be stamped on his passport.

I had 2 of my visa extensions not stamped on my passport and once I got my 3rd renewal and went to India, that's when I stamped the 3rd visa on my passport and came to USA.


vvvunlucky said:
Thanks for your responses.

I extended my son's passport already in Feb.

Just wondering as he already got an approval from USCIS to stay beyond June 2008 and but lost it because we went outside. When I-94 comes along with H4, passport expiration didn't matter. But now I need to reapply for extension of stay as he lost his approved I-94 while leaving for vacation.
Click to expand...
 
This is for I-94 only, Visa stamping already done.

Thanks for the responses.

I just want to clear the issue here:

1. My son's passport is expiring in June 2008 and got the new one in Feb 2008.

2. He already got an H4 in 2006 which is valid till September 2009 along with I-94 (3 -year extension based on pending I-485).

3. Visited India in May 2007 and returned the I-94 attached to the H4.

4. Got the passport stamped till Sept 2009.

5. While returning at port of entry he got new I-94 which is valid till June 2008 as his passport is expiring.

6. Contacted USCIS not much info and attorney suggested to apply for I-539.

7. Planning to go to local CBP center to try once and preparing for I-539.



I think txh1b is right the new I-94 governs the stay. That is the reason I extended his passport in Feb 2008 so that I can apply for his new I-94.
 
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