Hello Anil,
I’ve just discovered that the I-94 records issued to my wife and two children at their last entry (July 27 , 2024) expire on December 16 , 2024, even though they each hold:
- Valid H-4 visas stamped in their passports through December 16 , 2026, and
- I-797 approval notices that are also valid through December 16 , 2026.
I have already emailed the local CBP Deferred Inspection office requesting that their I-94s be corrected up to the current passport expiration date (July 17 , 2025) while we renew those passports. While waiting for CBP’s reply, I am trying to decide on the most reliable way to secure I-94 validity through the full approval period (December 16 , 2026) and to avoid crossing the 180-day unlawful-presence threshold (approximately June 14 , 2025).
From my research, I see two immediate possibilities:
- Renew the passports in Tatkal, then make a brief trip to Canada or Mexico before the 180-day mark to obtain new I-94s upon re-entry. I have roughly two weeks left to pursue this route.
- Send my wife and children to India to renew their passports and return on their existing H-4 visas, hoping CBP issues full-term I-94s on re-entry. They are reluctant to travel without me.
Could you please advise:
- Whether either option is advisable given the overstay that has already accrued?
- Whether filing an I-539 nunc pro tunc extension with USCIS would be a better strategy?
- Any additional strategies you would recommend to ensure my family’s status is fully restored before the 180-day limit?