I-94 expired due to passport renewal for minor

[dama2018]

My son's passport is renewed through Indian Embassy as the expiry was in Feb 2020. I noticed that his I-94 is also expired and is currently overstaying (my negligence ).
His L2 Visa is valid until 2021. Do I need to travel back to India? Is there any way we could get this sorted?

[Libra_14]

What was the I94 expiry date? If it is less than 6 months, you can file for I539 (Extension of stay) for him.

Consult an attorney is the stay is expired above 6 months.

[dama2018]

What was the I94 expiry date? If it is less than 6 months, you can file for I539 (Extension of stay) for him.

Consult an attorney is the stay is expired above 6 months.

I-94 expired on Feb 10th 2020. We got his passport renewed from Indian Embassy just last week. Attorney is suggesting to stamp L2 on the new passport going back to home country. as I539 route is delayed. Few friends suggested to cross the Mexican/Canadian border and re-enter. I'm confused at the options.

[newacct]

If it is less than 6 months, you can file for I539 (Extension of stay) for him.

I-539 generally cannot be filed for someone who is out of status, unless there is good cause for being late.

[newacct]

I-94 expired on Feb 10th 2020. We got his passport renewed from Indian Embassy just last week. Attorney is suggesting to stamp L2 on the new passport going back to home country. as I539 route is delayed. Few friends suggested to cross the Mexican/Canadian border and re-enter. I'm confused at the options.

The problem is, by staying past the date on his I-94, he triggered INA 222(g), which says the visa he entered on is automatically void, and he can only apply for US visas from his country of nationality from now on. So it seems that he would need to get a new visa, and cannot just leave and re-enter on his existing visa; and he would need to get that visa in India.

Alternately, you can see if it's possible for the company's lawyer to file a "nunc pro tunc" extension of status, saying that they should've filed it when he was in status, but it was their fault that they missed it. But it's unclear if that would work.

[Libra_14]

Alternately, you can see if it's possible for the company's lawyer to file a "nunc pro tunc" extension of status, saying that they should've filed it when he was in status, but it was their fault that they missed it. But it's unclear if that would work.

Good to know.

[dama2018]

Does the I-539 route counts the days of approval as the out of status days?
In our case, the passport from Indian embassy was delayed due to documents which had to be resubmitted and added delay for another 3 weeks.