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I 94 extension after passport renewal

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  • I 94 extension after passport renewal

    Hi, I am currently in L1A visa and my spouse and kid on L2 visa. All of our visa going to expire on 20-Sep-2012. We recently went to India and while returning at the POE, the officer has given the I-94 for me till Apr-2015 whereas for my wife and kid was given till their passport expiry date which is Dec-2012, Aug-2014 respectively.

    I am trying to get my wife passport renewed. But I am wondering how to extend her I 94. Since I was given I 94 till Apr-2015, my company will not file an extension for me. Shall we get my wife I 94 corrected at CBP or shall we file an extension for her separately, if so I 539 would be sufficient. Would there be any issue since my visa and petition going to expire on Sep-2012.

    Thanks

  • #2
    Two options after Passport renewal,
    1. She can file I-539.
    2. She can leave and return.

    Both need to be done before I-94 expires and option 2 needs to be done before Visa expiry or otherwise she will need to apply for L2 Visa while abroad.
    Same for your child.

    Assuming L1 petition is blanket, its expiry does not matter.
    This is my opinion and not legal advice.

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