I-94 extension for spouse

[Shailesh M]

I have a situation here. When me and my wife entered US on Feb 15^th, 2020, my wife’s I-94 got extended only until July 4^th, 2020 (because the passport expires 07/04/2020) in spite of my H1-b visa or my spouse's H4 expiration on Oct 25, 2021. Due to COVID situation, spouse's passport renewal got delayed and is issued on 08/12/2020. At this point I-94 is expired and does my wife need extension on her new passport. Could you please advise if this is necessary and if yes what needed to be done !? ..... Thanks- Shailesh

[newacct]

She is out of status and someone who is out of status is generally not eligible to apply for Extension of Status unless there is a very good excuse. She could try to apply for Extension of Status and see if her reason is good enough, but there is a huge risk there. If it is denied, then all this time since her I-94 expired on July 4, including when her Extension of Status is pending, she has been accruing unlawful presence. (The Extension of Status did not stop her from accruing unlawful presence because it was not timely-filed and USCIS did not approve the late filing.) The safest option would be to leave the US before she accrues 180 days of unlawful presence, get a new H4 visa, and come back.

[Vijayau]

I am in a similar situation. Would the following be a good option?

Apply for Extension of status now. If it is denied or when no decision is made when you are close to the 180 days mark from I-94 expiry, leave the country, get a new H4 visa and come back? Also, is a new H4 visa necessary, given that the one on the old passport hasn't expired?. 

Shilesh, could you share what you ended up doing?

 

thanks