I-94 expiration as passport ends


Rando

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You do not have to do anything as of now. Once you get your renewed passport which you can apply for up to one year before expiry, you will

1. Need to travel and return on the H1 visa in your old passport which will give you a new I94 till 2019. or

2. A new H1 petition non cap filing by the employer before 12/2018.

3. Go to the border with the new passport and H1 petition approval and make a u turn and get a new I94 till petition expiry.

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You have 3 choices:

1) Book an appointment at your nearest CBP Deferred Action office along with all your documents and new passport and request that they extend your I94. It will be helpful if you have a letter from an Immigration attorney explaining the circumstances.

***This choice has mixed results with some offices agreeing to extend the I94 while some flatly refuse to do so as it there was no mistake on their part

2) Leave the US and re-enter with new passport (ie of course if you have a valid H1B stamp in your old passport) then you will get new I94 valid up to May 2019

3) File for a new H1B extension with new passport details

You will have to weigh the costs/convenience factors of choices #2 & #3 and act according to your situation.

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