Paper i94 after H4 extension and Passport expiry

USA
,
#1

Hi @anil_am22 ,

My son’s H4 extension recently got approved and I got a paper I-94 with validity until May 2023 (as per my I797 validity) even though his passport is expiring in May 2022.

We are planning to travel to India in November 2021. When we enter USA, will his new I94 follow current date or it will be only till passport expiry?

Thanks,
Chandra

#2

CBP officer will most probably give new i94 to match passport expiry when you reenter the US.

1 Like
#3

Thanks @anil_am22

In that case, do you recommend renewing passport before our travel or is it better to visit india, come back and renew passport and then extend i94 by visiting border post. Asking since both my sons passport expiry are far away (May 2022 and Nov 2022) but before current h4 validity (Apr 2023).

#4

Its your choice. Take a decision based on what you think may help you.

#5

Thank you @anil_am22.

One more question. There was one more H4 extension applied for my son in Sept 2021 which was pending and we travelled to India and came back.

As you mentioned, he is only given I94 till passport expiry. But what happen to his pending H4 extension? Will it still be processed and his I94 extended by that? Or do we need to travel CBP office atmexico border and get it extended?

#6

Anything can happen to the pending H4 extension. They might deny it or approve it with a new i94.

#7

Thanks @anil_am22. So that means H4 extension application is not cancelled and will continue to process same as if we would have not travelled?

Basically, wanted to know if my son will be considered overstayed after his current i94 date or it would be okay because there is a pending I539 extension application.

Based on this I want to decide whether or not to go to border office near mexico to extend I94.