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Visa Validity, I94 validity and Passport validity (need passport to be renewed)

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  • Visa Validity, I94 validity and Passport validity (need passport to be renewed)

    Hi,

    My son aged 10 is on H4 and has his current passport valid till June 15th 2019. His stamped US H4 visa in his passport is valid till April 2020. So, when we entered US last time, the immigration officer gave him the I94 according to his passport validity ie., until June 15th 2019. We will be applying for his new passport soon.

    Questions:

    1. Will the stamped visa still be valid till Apr 2020?
    2. Since, current I94 is expiring soon, will he have to exit and re-enter US? or do we need to apply to USCIS an I94 extension?
    3. What if he does not exit US post I94 expiry but visa is still valid?

    Please advise.

  • #2
    Originally posted by vasudevadv View Post
    Hi,

    My son aged 10 is on H4 and has his current passport valid till June 15th 2019. His stamped US H4 visa in his passport is valid till April 2020. So, when we entered US last time, the immigration officer gave him the I94 according to his passport validity ie., until June 15th 2019. We will be applying for his new passport soon.

    Questions:

    1. Will the stamped visa still be valid till Apr 2020?
    2. Since, current I94 is expiring soon, will he have to exit and re-enter US? or do we need to apply to USCIS an I94 extension?
    3. What if he does not exit US post I94 expiry but visa is still valid?

    Please advise.
    1. yes
    2. He has to do one of those two things
    3. Then he is staying illegally, and his visa is automatically voided. US visas are solely for entry and have nothing to do with his stay in the US.

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

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