I94 expiring due to passport validity

[jobanmarwah]

Hi All,

My wife and I recently traveled from India after stamping etc and all went well. We were aware that her passport expires later this year, but since it was more than 6 months away at that time, we couldnt renew it.

Upon entering USA, she was allowed entry till only Dec 2018, which is when her passport expires, even though the H4 stamp is valid all the way to 2021. The immigration team from my office sent an extension req but thats gone to the Vermont center and has wait times of 12+ months.

We have received her renewed passport now .

Questions

1) If she stays here post Dec while the application is pending, is this counted as overstay?

2) Is there an option of going to Canada or Mexico and re-enter with new passport and get a new I94?

3) Is the 12+ months as reported on the website a real number?

Any help will be appreciated.

 

thanks!

[newacct]

1. no

2. yes

3. I think it's more like 6 months