How to do I-94 extension or renewal after new Passport renewal in US?

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If your i94 has been stamped for shorter duration than your actual non-immigrant H1B, dependent H4 or L or any other visa’s end date, you will have to get it renewed after your passport renewal.

Shorter i-94 validity is possible if your passport expires earlier than your Visa expiry date.
CBP (Custom Border Protection) takes this decision and will match the i-94 expiry with your passport’s validity.

It is important to get the i-94 renewed before it expires. Your period of authorized stay within US is solely governed by i-94 validity date.

Documents for i94 extension after passport renewal

  1. i-797 Notice of approval form

  2. Old/Existing i-94 . You can get it here on CBP website anytime.

  3. Your Old passport (all old expired) and the most recent new passport .

  4. US address proof – Any one – Utility bill or Lease agreement or driving licence or state ID.

1. Visit CBP Office at US Mexico border in Texas, California or Arizona

There is NO official guidance from CBP or USCIS on how to get your i94 extension after passport renewal at any of SENTRI/CBP centers located at the US mexico border.

This is because SENTRI program primarily is for faster processing of border checks for 'Known' persons.
The CBP office at border can also extend your i94 based on new passport validity and i797 approval.

FEES: $6

TIME required: New paper i-94 is issued immediately.

You can expect to be interviewed. This would be similar to the one you face at Port of entry.
You should also have all the proof with respect to your legal stay in US.

US Mexico border - At CBP office / SENTRI center

Check our detailed guide for specific border and other user’s experiences:

  1. San Diego, California - US Mexico Border (San Ysidro) step by step i94 extension process

  2. Laredo, Texas - US Mexico Border step by step i94 extension process experience

  3. Arizona - US Mexico Border step by step i94 extension process - COMING SOON

2. Go out of country (US) and re-enter (Official)

This is the easiest and FASTEST method of getting a renewed i-94 but requires border crossing.

Related: Automatic ReValidation H1B Canada Mexico

You can go to Mexico or Canada too and then re-enter to get a new i94.

CBP normally would not issue you a new i-94 if you re-enter from Mexico or Canada within 30 days. That is fine. This is the normal process.

But, you can specifically request them to issue you a new i-94 since your old one has expired/expiring soon.
They will honor the request and may charge $6 as fees.

FEES: $0.
Renewed i-94 is given to you free of cost. The only cost is your travel, if you are going out only for getting a new i-94.

TIME required: New i-94 is issued immediately.
It does not matter if you travel by air, land or sea and re-enter US.

You can get a new i-94 once you re-enter at any US border or Port-of-entry.
Many people travel to Laredo, Texas to get it renewed.

3. Apply for i-94 extension of stay using form i-539 (Official)

This is the most expensive and SLOWEST method of i-94 renewal or extension.

FEES: $370 for i-539 application.
If you use attorney services, their fees will be extra.

TIME required: Current waiting times are about 6-8 months.
USCIS recommends filing for i-94 renewal at-least 45 days before its expiry.

This form is primarily used for your Visa extension and i-94 is a by-product.
If you use this method, you would be technically applying for visa renewal with USCIS and not CBP.

Can i94 be extended at CBP office inside international Airports?

There is no official documentation related to i-94 extension on CBP website and hence, we can't really say with 100% confidence, if they can do it.

Some people do report that some of Airport CBP offices have entertained their request, but those claims are not reliable.
Normally, the CBP offices located at airport entertain the requests for fixing the i94 errors and not extension.

How long can we stay in US after i94 expiry?

A person on dependent visa (like H4) can stay in US legally for 120 days after i-94 expiry, if the extension has been filed timely.

In real world, USCIS does allow H4 dependents to stay beyond this time though, it is not recommended.

If you are on non-immigrant work visa like H1B, your legal stay can be up-to 240 days.
You can even file the extension on last day of i-94 expiry, but the application should be received by USCIS on or before i94 expiry date.

i94 Extension after Passport Renewal in USA
i94 Extension after Passport Renewal in USA

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2 posts were split to a new topic: How long before we can go to SENTRI/CBP office to get I94 renewed?

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4 posts were split to a new topic: H4 i94 extension by visiting SENTRI CBP office

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Can H1B holders file for I-94 extension via I-539? My I-94 expiry date is same as my passport expiry date. I have a new passport valid until Dec 2029, and I-797A valid until October 2022, but I-94 is expiring in a few weeks. What are my options?

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H1B has to file i94 extension using form I129 which is same as filing H1B extension.

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CBP officer mentioned (over email) that I need to file I-539 for extension since my old passport is expiring. Is this incorrect?

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Update: My lawyers are filing an H1B extension.

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Hi Anil, Did your I-94 expired when you visited Texas office?
Do they extend I-94 after the old one expired.
I have valid I-797 till next year,
H1b Visa on expired Passport, I renewed my passport last month, but i realized two days ago that my I-94 also expired.
I called so many CBP office but they all said no for I-94 extension as they only do correction.
please share your experience if you had the same situation in past.

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You can visit the border location to renew i94 even if it has expired.

The chances are high that they might ask you to cross border.

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@gear9 why not I-94 extension via I-539 instead of H-1extension any reason?

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If you don’t have a valid visa, even if you cross the border and return, CBP will not issue a new I-94 because they will try to revalidate your existing I-94. Talk to CBP and confirm if they will issue a new I-94 before exiting the country. Contact your lawyers. They might be able to apply Nunc Pro Tunc H1B.

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H1B holders cannot apply I-539. The only option is to apply I-129 H1B extension if H1B holders need to extend their I-94 from within the US.

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Looks like even H1-B visa holder can do https://redbus2us.com/i94-extension-update-passport-renewal-us-process-cbp-vs-poe/ even I saw in uscis.

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Hello Anil,

Maybe a stupid question, I am trying to understand what is the need to extend I 94 If we have I 797 with latest extension.

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I have valid visa H1b visa till next year on my old passport which is expired in Mar, 2020. I have new passport and valid I-797. My attorney suggested to contact CBP or cross border and re-enter.
Con you able to confirm with CBP before crossing the border? I have mix answers when i called CBP, some said its ok and other said my visa is void.
I’m planning to go to CANADA border this week.

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Hi @Ram_Siddarth

H1B cannot file i539 form.

H1B can visit the border and get the new i94 though.

https://forum.am22tech.com/t/i94-extension-at-san-diego-ysidro-us-mexico-border-old-passport-expired-renewed-passport

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Hi @Rahul_J

Your legal stay in US is governed by your i94 and not i797.

I know it is complex as there are multiple things in US:

  1. I797
  2. Visa stamp in passport
  3. I94

The thing is that all three serve different purpose but are very close to create misunderstanding.

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Hi @Hvisa

You can check with CBP at border on US side to renew your i94.
If they agree, which they do in some cases based on the officer you see, you don’t need to cross border.

If they don’t, it will be your choice to cross and reenter to get new i94.

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Hi Anil,
I’m going to California San Ysidro US-Mexico border from NJ for my I-94 extension (old one expired) after passport renewal.
I will try first from the US side without crossing the border, so
which office should i contact for I-94 extension inside the US?

If they say i need to cross the border, which is the current open pedestrian road for border crossing and I-94 extension?

Thanks for your help,
Amit

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Hi @Hvisa

Help yourself:

https://forum.am22rech.com/t/san-diego-us-mexico-border-i94-correction-extension-after-passport-expiry-and-new-passport/