L2 Dependent I 94 expired but VISA valid till Dec 2017


VRShankar

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Hello All,

My wife's I-94 expired over 180 days while her L2 VISA is valid till Dec 2017. We don't know what do now or even how severe this situation is as there are multiple accounts from multiple sources on the same. Please help. The details are below - 

I am from India on an L1 B Visa and my wife is here on an L2 dependent VISA. Her first I 94 was valid till Dec 2017 which is our VISA expiry date. She traveled back to India for a vacation on Sep 2015 and returned back Nov 2015. Her passport was expiring on 14 Dec 2015 so her second I-94 was given till 13 Dec 2015. We didn't notice this date and thought it was till the VISA expiry as usual, like her first I-94. So right now we don't know if she can stay here and get it corrected or she has to go back? We have booked a ticket immediately because we don't want to pass the 365 day mark. But once she travels, we are not sure if she can come back and the CBP would give her a fresh I-94 or if she will be denied an entry. We are not sure what our next steps should be.

Any information help here is appreciated.

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