I94

[Tsipl0375]

Hi , My family (wife +2 kids) came from India in Dec 2019 on a valid H4 visa till 08/09/2022 in accordance with my I797. one of My kid(6 years old), His passport was set to expire in January 2022 and the CBP officer mentioned the same in writing in his I94 in passport and shortened the I94 till passport expiry date. I noticed this lately that his I94 expired in Jan 2022.. I am now going for my H1B extension including my extension with NPT case(special case for overstay) for him…Please help me with your guidance.Iam afraid of any serious consequences on his US overstay. My spouse and other kid status is fine as they got the I94 till 08/09/2022.

[newacct]

In my opinion there's probably no harm for your child to wait in the US for the results of the NPT extension of stay. People under 18 don't accrue unlawful presence, so there's no issue of the ban. As for the voiding of his visa, if he waited until the extension of stay is denied to leave the US, his visa would be voided, but if he left right now, his visa would still be voided, so waiting is no worse. On the other hand, if his NPT extension of stay is approved, he will be considered to have been in status the whole time, and his visa should not be voided. The only remaining issue is whether a visa officer at the US consulate in India will care about a long overstay (if he waits until NPT extension of stay denial) vs a short overstay (if he leaves now) if and when he applies for a visa in India.