L2 - Passport renewed - I94 Expiring on 25th June 2012

[arjunath123]

Hi Shervin,
My son's ( 5 Yrs ) I94 expiring on 25th This month. I recently got his passport renewed( I94 expires on the old passport's expiration data ). I checked with USCIS and Diferred inspection 9Customs). they are advisin me to extend the I94. Do I have enough time to get this I94 extended? Do I have any other options?

[shervin143]

Has the I-94 already expired? If yes, then an extension is not possible. He will need to leave the country immediately (return all his I-94s when he leaves) and return back on a valid H4 visa and your valid H1B approval notice to get a new I-94 at the POE. If his I-94 is still valid, then go ahead and efIle the extension first and then send the documents.

[arjunath123]

I94 is is not yet expired. I can see I94 and passport be sent for the extension. Do we need to send original documents or will the copy of it suffice? Please let me know. Thanks a lot for the response.

[shervin143]

Where are you seeing that the original passport and original I-94 are required for H4 extension? Check the instruction to file form I-539 in uscis.gov website. A copy of the passport and a copy of the I-94 is what is required.