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H4 Expired I-94 but valid I797

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  • H4 Expired I-94 but valid I797

    Wife on H4 travelled to India Oct 2015 with then current I797 (Dec 2012- Dec 2015) and new I797 (Dec 2015-Dec 2018)
    Wife?s passport at the time of travel had passport expiration date of Sep 2017
    Wife?s I-94 got stamped with a date of Sep 2017 based on passport expiration date
    Wife got passport renewed Aug 2017
    We did not know we had to renew I-94 after passport renewal until now when we had to renew our H visas and is past 10 months from I-94 expiration date
    Wife on H4 with valid I797 (expiring Dec 2018)
    We are applying for H1/H4 renewal with Premium Processing
    Should we take the risk and apply I-539 even though I-94 expired or should we correct I-94 at CBP office (email/person)
    What are other options as my wife is 7 months pregnant and have an autistic child

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