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I am on H1 visa valid till end of July 2016 and my family's H4 also has the same expiry date. Me and my family traveled to India last year November and returned in December. Myself and wife got the new I94 valid till visa expiry date. But for my son CBP gave the validity of I94 till next month, that is May 29th as his passport is going to expire on 30th May 2015. After returning I have applied and received his renewed passport. The CBP officer has mentioned that I just need to keep the new passport with old one.
(CBP will not extend the date as they said its not an error from their side.)
Now as my GC process has started my attorney advised me to get his I94 extended either by filling I-539 or exit the country and get new I94. I am not in a position to travel right now and the attorney has insisted to file the extension using I-539.
As far my knowledge goes I-539 is used to extend the visa status and not to extend I94.
If I am not travelling with my kid, is filing I539 the only option to get new I94 ?
Please help me with the answer.
(CBP will not extend the date as they said its not an error from their side.)
Now as my GC process has started my attorney advised me to get his I94 extended either by filling I-539 or exit the country and get new I94. I am not in a position to travel right now and the attorney has insisted to file the extension using I-539.
As far my knowledge goes I-539 is used to extend the visa status and not to extend I94.
If I am not travelling with my kid, is filing I539 the only option to get new I94 ?
Please help me with the answer.
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