How to get I-94 extension while I-129 approved while I-539 is pending to continue H4 EAD job?

Hello Amith,

I got my new I-94 through my new employer and I-129 approval. But I-539 (H-4 extension of Stay) filed for my spouse and kid which is pending for approval. Their I-94 going to expire soon April 2022. Currently my spouse is working through H4-EAD which is also has expiry of April 2022.

  1. I assume that my spouse can continue to work only until I-94 expiry, while I-539 is pending for approval, is that correct?

  2. Can I apply for new I-94 for my dependents based on my latest I-94 valid till 2024 ?
    I referred : i94 Extension after Passport Renewal (3 Options) - USA.

Wondering if that above options suitable for in this scenario.

Thanks in advance!

Hi Anil,
Thanks for the information.
Situation : Need for Spouse’s I-94 renewal (which is about to expire in 2 months) to get H4 EAD extension based on my new I-94 came with a new I-797 approval notice.

Here is my update/experience and it may be helpful for those who are in a similar situation.

I went with my family and parked our car at a paid open parking lot - 4570 Camino De La Plaza San Diego, CA 92173 (shown in the attached map)

First, we went to the West Pedestrian Building, but it was closed, however I could take a picture of the map which was posted outside of the building.

Then we walked through a pedestrian bridge and reached the West Pedestrian Building. We were informed to go around the building eventually which led us into Mexico.

Hard to find direction signs in English but after getting down from a ramp, we checked at a visitor information booth (at Mexico side), then we reached the outside gate of the San Ysidro Port of Entry (Pedestrian).

After checking our passport and visa (unexpired), security officers directed us towards an old yellow building (permit office?). We went inside the building and explained the I-94 renewal request to an officer at the counter. I showed my original I-797 with a new I-94 approval notice and gave them all our passports.

A senior officer was there, and he instructed the other officer who was handling our documents. Biometrics were taken for my wife and child and got admission stamping on their passports. They did not ask for any other documents and fee to pay. Maybe because all our I-94s were unexpired. (However, I went with salary stubs, employment verification letter, and driving license, marriage certificate ) After that we went to the final checkpoint and produced all the passports and pictures taken and we returned to the US side. I have checked that their I-94 status got updated on the CBP website as well.

Your answers helped to prepare ourselves for this process. Overall experience was smooth even though it looked frightening.

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