I94 update without exiting USA

[Brett]

Has anyone had their i94 updated without leaving the USA? Can you take a receipt notice i797 to a district office or border unit and have them update your i94? Thank you.

[newacct]

No. There is no I-94 "update", unless it was incorrect when issued. You can get a new I-94 by leaving and re-entering the US, or doing an Extension of Stay or Change of Status in the US.

You have a receipt notice of what? Do you mean an approval notice?

If you have an Extension of Stay or Change of Status approved (including if it was a worker petition approval that came with an EOS/COS approval), you will receive an I-797A approval notice, which will come with a new I-94, which supersedes any previous I-94s you may have received. It does not need to be "updated" anywhere. The paper I-94 is just as good as any electronic I-94.

On the other hand, if you have a worker petition approval that did not come with an EOS/COS approval, you would receive an I-797B which does not come with an I-94. You would have to, again, leave and re-enter the US, or have the company file another petition with EOS/COS, in order to extend/change status.

[Brett]

Thanks newacct . My l1 A approval should come through shortly but my wife’s L2s visa and i94 expires on 30 December 2022. I am not sure if my extension approval notice will come through in time for her to leave the USA and come back in to update her i94. As without an unexpired i94 she can’t continue to work. I’m just thinking of ways she can continue to work with L2s.

[newacct]

Thanks newacct . My l1 A approval should come through shortly but my wife’s L2s visa and i94 expires on 30 December 2022. I am not sure if my extension approval notice will come through in time for her to leave the USA and come back in to update her i94. As without an unexpired i94 she can’t continue to work. I’m just thinking of ways she can continue to work with L2s.

She can file I-539 for L2 extension of stay, and she can stay in the US for as long as that is pending but she can't work. If she wants to work, then leaving the US and re-entering once your L1 is approved is probably the best option. That will require that she have an unexpired L2 visa, so if your L1 can be approved before her L2 visa expires, then do the leaving and re-entering before her visa expires, without needing to get a new visa. Otherwise, she would need to get a new L2 visa while abroad.

[Brett]

Thanks so much newacct, this make sense. If we file for i539 and my L1a extension comes through after her visa expiry date can we take my l1 extension i797 to our home country and get her a visa to re enter even though we filed the i539?

[newacct]

Thanks so much newacct, this make sense. If we file for i539 and my L1a extension comes through after her visa expiry date can we take my l1 extension i797 to our home country and get her a visa to re enter even though we filed the i539?

sure