Hello everyone,
I have my h4 and H4 EAD applications pending with USCIS and My spouses H1B approved (PP) till 2023.
As my current EAD and I-94 is about to expire in 2 weeks can I visit any land border and get my I-94 extended to match my spouses new I-797 (I-94) to be eligible for 180 Auto extension.
Are there any complications crossing the Border and re-entering.
Does CBP officer do this extension based on my I-797 or my Spouses I-797.
hello @Kalpesh_Dalwadi
here is my situation…
My wife’s current H4-EAD is getting expired on Jan 27th 2022. Even her H4 will also expire on the same day.
I have my H1 extended till 2025 Jan. I had submitted my wife’s h4 also on the same date Sep 3rd 2021 ( Still pending with uscis) . And Submitted her H4 EAD in Oct 2021 on my h1 approval, which is still pending with USCIS.
My Question is: Can she visit the US Canada land border (Buffalo) to get her I94 extended based on my new I-797 which is valid till Jan 2025, so that she will be eligible for EAD Auto renewal for 180 days. Is there any risk visiting the land border?
In case if they don’t want issue i-94 as per my New H1, will they allow her to enter in to USA (as her current I94 is valid till Jan 27th 2021)
Note: Our last visit to home country (India) was back Jul-2011 ( that visa was valid till Sep 2013)
Please clarify… plan to visit the US-CA border some time mid of Dec 2021. Otherwise she had to come out of her job.
Did you read the above article from Anil. He has covered different scenarios and the explanation is very clear.
Yes i have read that. My concern is … is there any risk of sending her to home country? as we dint travel to home country almost 10 yrs.
Going for visa stamping to India will be your call but there is always a risk. Provided you get visa appointment and you carry the required documents, H4 dependents have pretty good chance of getting the visa stamped without any issues. You need to be aware of travel restrictions in place or that any new restrictions can come in place any time looking at the fluid situation of the ongoing pandemic.
Going to India is not at all my option.
My concern is, at land port of entry ( USA - Canada - Buffalo), The CBP officer wont force us to go to India right?
As long as they allow her to enter in to USA with or without extending the I94 we are fine.
Have you heard any case, during the i94 extension, CPB not allow to enter in to USA and push to go back to home country?