H4 EAD Extension/I-94 Renewal (Expired US Visa) based on Spouse New Approved I-797

USA H1B
1

Hi

I am trying to get my I-94 renewed for H4-EAD extension.

  1. Current H4-EAD and I-94 expiring on 12/08/2022
  2. Spouse changed job and with new approved I-797 expiring 08/23/2023.
  3. US Visa expired 12/08/2019

Tried Laredo Texas CBP rejected to do I-94 renewal.
What are my best option to get i-94 renewed ?

Appreciate any recent experience/help. Thanks

Regards
Satish

2

What did they say? You are still more than 6 months out, was that the reason?

3

Since US visa expired, CBP officer said they cannot just extended I-94 based on spouse H1B extension. Said to apply with USCIS for extension.
What are my other options?
Can I travel to Cancun with expired visa and use AVR? Do I have to go for visa appointment in Mexico?
Can I just take Mexico FMM tourist card for air travel with I-94 still valid and approved H1B I-797?

4

The chances are always 50-50 if the stamped visa in the passport has expired.

Mexico immigration will not allow you to enter Mexico if you go by flight without a valid US visa stamp or a Mexican visa.

Mexico FMM card is NOT a visa. It is just like i94 that Mexico issues when you make an entry to Mexico.

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5

Thanks Anil,

I will give another shot at Mexico.
If not can I get Mexican visa without US Visa and travel to Cancun with AVR option?

As always appreciate your HELP and suggestion.

Regards
Satish

6
1 Like
7

Anil,

Traveled to Cancun with Mexico Visa for vacation 4Days to get I-94 renewed for my spouse. DFW CBP denied to update my wife’s I-94 to match my I-797 date.

  • US Visa expired for both.
  • H1B I-797 expiring 08/23/2023 (with Current Company)
  • H4 I-797 I-94 expiring 12/08/2022 ( with previous Company)
  • H4 EAD expiring 12/08/2022

Option-1: Should we try another attempt to Cancun this time just sending my wife from different Airport(Washington). Since all others who went from there got I-94 extended.

Option-2: Apply for H4+H4 EAD extension concurrently. (What happens if we travel outside country? Will EAD application also gets denied or RFE?)

Option-3: We we’re able secure Visa appointment in India for 10/18/2020. Both of us are planning to travel to get US Visa stamped and return back on 11/05/2022.

Does it make sense to apply for EAD extension after getting US Visa stamped and I-94 renewed after India travel.
My only concern since EAD is expiring on 12/08/2022 If we are back to US by 11/05/2022. Do you think we have enough time for new H4EAD application to get Receipt number on before 12/08/2022.

In the past your guidance really helped. Appreciate your input on what is the best strategy to follow in this situation.

Regards
Satish