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Valid H4 but expired i-94. What are my options?

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  • Valid H4 but expired i-94. What are my options?

    I am writing to give a brief overview of my wife's case and wanted to see what our options are. She is currently on an H4 visa

    - We both have a stamp on our passports until March 2018.
    - I changed my job in Aug 2015 and we both got new I-797 until 08/2018.
    - She visited her parents in India in 04/2016 and upon arrival received a new I-94 this time only till 08/2017 based on her passport expiry date
    (This is where I made a mistake and did not notice the date)
    - March 2017 she got a new passport valid till 2027.

    Last nite we realized that my wife's I-94 expired in 08/2017 and she has been out of status ever since. The only silver lining is she is in <180days
    She has
    1) H4 Visa stamped till March 2018 from my old company
    2) Approved I-797 till Aug 2018 from my new company
    3) A valid passport till 2027.
    4) An expired I-94

    I contacted CBP Deferred Inspections and they said they cannot do anything as this was not an error on their end
    What are options now?
    1) Travel to Mexico
    2) Travel to India

    Any advice is much appreciated.

  • #2
    Yes, traveling outside the country, and re-entering so as to obtain a new I94 would be your best bet. And of-course, doing it ASAP is recommended.
    Just an opinion; Not legal advice.

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    • #3
      Originally posted by scientist2016 View Post
      Yes, traveling outside the country, and re-entering so as to obtain a new I94 would be your best bet. And of-course, doing it ASAP is recommended.
      Thank you. The confusion is - do I have to go back to India, go through stamping etc. or is just a trip to Mexico enough?

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      • #4
        Originally posted by ajay2799 View Post
        Thank you. The confusion is - do I have to go back to India, go through stamping etc. or is just a trip to Mexico enough?
        A trip to Mexico is enough from my experience as she have valid stamping.

        Comment


        • #5
          Originally posted by ajay2799 View Post
          Thank you. The confusion is - do I have to go back to India, go through stamping etc. or is just a trip to Mexico enough?
          She has to go back to India and apply for a US visa at a US consulate in India, because according to INA 222(g), by staying past the date on her I-94, the visa she used to enter automatically became void, and furthermore she can only apply for US visas at a US consulate in her country of nationality from now on for the rest of her life.

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

          Comment


          • #6
            Originally posted by newacct View Post
            She has to go back to India and apply for a US visa at a US consulate in India, because according to INA 222(g), by staying past the date on her I-94, the visa she used to enter automatically became void, and furthermore she can only apply for US visas at a US consulate in her country of nationality from now on for the rest of her life.
            How serious is this? What are her chances of getting a visa again?

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