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Dependent I-94 Expired and applying for extension

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Please help, my daughter’s (minor – 6yo) I-94 expired in November 2019 (passport expiry) and we are applying for H1B extension this month (May 2020).  

I-94 Date: 10-Nov-19 (Same as Passport expiry date, issued on 25-May-19 by CBP)

I-94 Date on I-797: 25-Jul-20 (H-4 I-97 Issued on 25-Jul-17 by USCIS)

We renewed her passport in November 2019, but did not go outside USA since. Neither applied for any change in I-94 date to CBP or USCIS.

Spoke to CBP, they said only option is to go out of the country and come back, which you cannot do right now since borders are closed. So do it when borders open. Very nice guys; also said, since it is not a mistake cannot make any correction.

Spoke to USCIS, they said that, if this would have been violation you would have received notification from our side. Refused to answer any question. Not a very helpful bunch.

Now I (H1B holder) am applying for extension, including for my daughter’s H-4.


1.      Should we ask for forgiveness preemptively, with H1B (& H4) extension application? This is what company lawyer is suggesting.

2.      Or let USCIS call it out?

3.      Should I ask my lawyer to apply for Nunc pro Tunc (now for then)? Is this even an option that applies here?

4.      Any other suggestions?

Thanks in advance for reply, appreciate everyone's help. 


Edited by AmitL

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Visa/Status transgressions by minors are not actionable. Did you wait for so long to sort it out? The problem is not insurmountable. Please get a Lawyer involved and listen to him about what should be done.

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I would go with the attorney suggestion and not wait till USCIS calls it out. Its not done on purpose and also she is a minor so there might be some flexibity there. 

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Could you please provide the outcome of this case ? I am also in similar situation as my son I 94 expired and have to apply for his extension.

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