Valid H4 but I94 expired

[prabhakardhataram]

Hello,

My spouse, child and myself went on vacation to India and traveled back to US in Dec 2012. We have the stamped visa valid till May 14th 2014. At the port of entry, though my child and I got the I94 issued till May 24th 2014, my spouse got her I94 valid till May 24th 2013. We didn't notice that and now my spouse I94 has expired a month ago. But she has the valid approval notice and visa stamped, till May 14th 2014.

When I approached my employer they told me that, as per the company's policy, they won't support for the dependents and I have to deal with this on my own.
But they suggest couple of options:

1) Reach out to the POE(Port of Entry)/CBP (Customs and Border Protection) with the approval notice, passport and I94 and state that the I94 was issued incorrectly.
2) If the CBP officer is not willing to correct the I94, as we have a valid visa, depart the US to under go visa stamping to one of the islands/countries (Jamaica, Dominica, Trinidad and Tobago etc)

Now I have few questions:
On option 1: If the CBP officer is not willing to correct the I94 at the CBP office, how much time I/my spouse will get to leave the country?
On Option 2: If we go to one of these Islands, do we need to go for any stamping there at the US consulate? Or we just have to go there and come back to get a new I94 at the port of entry? Also will there be any issue at the port of entry for my spouse, because of staying one month with an invalid I94?

Any help would be greatly appreciated.

Thanks!

[prabhakardhataram]

I could get this issue resolved and here is what I did (for the sake of others who might need):

Consulted an attorney and explained my situation. Though the I 94 of my spouse has expired, we all have a valid stamped visa and approval notices, the Attorney suggested me to go to the local Immigration and Customs Enforcement (ICE) office and meet with the duty officer who has the authority to correct the I 94s. I carried all the Passports and Approval notices (mine and my dependents), showed to the duty officer and explained what happened. Office simply corrected the I 94.

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This is just to mention how I handled the case - not a legal advise.

[usravank]

I could get this issue resolved and here is what I did (for the sake of others who might need):

Consulted an attorney and explained my situation. Though the I 94 of my spouse has expired, we all have a valid stamped visa and approval notices, the Attorney suggested me to go to the local Immigration and Customs Enforcement (ICE) office and meet with the duty officer who has the authority to correct the I 94s. I carried all the Passports and Approval notices (mine and my dependents), showed to the duty officer and explained what happened. Office simply corrected the I 94.

---------------------------------------------------------------
This is just to mention how I handled the case - not a legal advise.

I am in the same boat. Today I went to ICE and got it done my sons i94 extension. You saved my attorney fee. I owe you beer

Thank you so much.

[rkkt]

I have the same case - H4 valid but I94 expires

I could get this issue resolved and here is what I did (for the sake of others who might need):

Consulted an attorney and explained my situation. Though the I 94 of my spouse has expired, we all have a valid stamped visa and approval notices, the Attorney suggested me to go to the local Immigration and Customs Enforcement (ICE) office and meet with the duty officer who has the authority to correct the I 94s. I carried all the Passports and Approval notices (mine and my dependents), showed to the duty officer and explained what happened. Office simply corrected the I 94.

---------------------------------------------------------------
This is just to mention how I handled the case - not a legal advise.

Hi,

Exactly which office you visited & what all documents were required?? Also how much time did it take to get a new I94??

Kindly help.

Thanks.

[rkkt]

I have the same case - H4 valid but I94 expires

Hi,

Can you please tell me exactly which office you went & what all documents were required. Also how much time did it take to get a new i94??

Kindly help.

Thanks.

[bubhat]

My sons issue was resolved

Hi, We had the same issue. My son is 5 years old. His passport and I94 expired in March 2017. He got a new passport, but we forgot to renew his I94. Realized this in April 2017. The local CBP and USCIS were not willing to correct it. My son had a valid visa till Nov 2017. so, we left the country, went to Mexico - Cancun (you don't need a Mexico visa if you have a valid US visa). We re-entered US, the immigration officer stamped the new I94 on his new passport. No questions asked. As long as you have not overstayed and your visa is valid, this should not be a big issue.