Hi,
My i94 was shortened at POE matching my old passport expiry date. I have a valid visa and valid i797 until Feb 2026 and also renewed my passport before the expiry.
I am travelling to India next week.
My Attorney is suggesting the exit and entry of the border should fix the issue as it didn’t exceed 180 days limit.
Has anyone been in similar situation or do I have any other best alternatives in this situation.
Please share your thoughts.
File H4 NPT application with USCIS to request i94 from back date. Or leave US and Get H4 visa stamp with entry ban waiver from US embassy
Do I need an NPT though I am within the 180 days grace period? And why do i need a visa stamp when i have a valid one? I can just exit and enter the country right?
There is no grace period!
They don’t usually ignore if you are within 180 days period but that’s not guaranteed to be ignored.
If you have a valid visa stamp, then, yes, you cna just exit and reenter to fix it.
@anil_am22 Looking for your feedback in my tough situation.
Subject: H4 I-94 Expired Year ago but have Valid I-797
I am on H4 Visa (since i got married in 2014). My current I-797A approval notice is valid from DEC-2022 until DEC-2025. The I-94 that CBP issued during my last entry (JUN-2023) was shortened to match my old passport expiry date MAR-2024. and now it is more than a year since I-94 expiry. I did not realized this until now preparing for I-797A extension. My Spouse H-1B has Valid I-94 and I-797A approval.
Contacted Attorney they suggested to Proceed with H-4 I-539 Application with nunc pro tunc NPT (takes 4+ months).
Questions:
- In addition to Option 1 : H-4 I-539 with NPT, Can i also consider option 2 : H-1B Amendment with Extension of I-129 + H-4 I-539 Application with nunc pro tunc (NPT). Both option can be applied at the same time?
- Option 2 is eligible for Premium processing (2 weeks), what if option 2 H4 extension & NPT gets denied. Can i wait until option1 result or do i need to leave US?
Please let me know, it will help me a lot. Thank you
1 Like
Both option can be applied at same time but I do not see much value.
I suggest to choose one option and go with it.
Hello @Raykar8038, I have same case as yours. Can you please share which option you tried and did it work? Thanks in advance.
I went ahead with Option 1 : H-4 I-539 with NPT. Now waiting to hear back from USCIS (Processing time around 4 months).
Oh Ok. Thanks @Raykar8038 for confirmation.
I just heard If we visit Mexico border (Texas side) and reenter from there, they might update the I94. just a fyi.
Also, can you please share the attorney contact who is helping you to file the H-4 I-539 with NPT? You can mail me If you want.