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I-94 Extension

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  • I-94 Extension

    I am in US on H1B and my wife on H4. She entered US on Dec 26th 2016 with visa valid until 30th Oct 2018 but since her passport was expiring in Dec 2017, the I94 was also valid till Dec 2017. She applied for her Drivers Licenses and go it with validity till Dec 2017. I got her new passport done and that is valid until 2027 but she cannot renew her license since her I94 is valid only until Dec 2017. How can I extend her I94?

  • #2
    She can either:
    1) File I-539 for extension of status. This costs $370 and takes about 5 months. She can stay in the US while the application is pending regardless of whether her status has ended or not, but some states do not give driver's licenses to people with pending extension of status if their status is expired. Or
    2) Leave the US and re-enter. She doesn't need a new visa; just use the visa in the old passport in conjunction with her new passport. She will be admitted until the H1b petition expiration which I am guessing is Oct 2018.

    This is my personal opinion and is not to be construed as legal advice.