I94 expiry earlier than visa due to passport expiry

[Dipali@VA]

I had applied child's H4 extension along-with my H4 extension based on H1 extension receipt. The child I94 is expiring 2 month earlier than current H4 stamp due to passport expiry. The H1 extension had received RFE and it is responded in premium processing. If the H1 extension is denied and child's H4 extension application is pending. So I have two questions, 1. Do I need to apply a separate H4 extension application for the child to extend current I94 for another 2 month, 2. For the Child(11 years old) H4 extension alone do I need to pay fingerprinting fees also?

[User099]

If the H1 is denied, then you should leave the country and H4 will eventually be denied. 

[Zodiac System]

Contact your CBP (customs border petrol) immediately (take an appointment if needed) and meet them  (before your child's I-94 expires), with child's NEW passport and request them to extend the I-94 for balance two month based on the stamp.  It is worth a shot and you have nothing to loose.  You may in fact gain the additional two months of I-94.  Good Luck

 

[Dipali@VA]

Thanks. I contacted CBP, they said I need to contact USCIS.

[Zodiac System]

On 8/4/2020 at 8:11 PM, Dipali@VA said:

Thanks. I contacted CBP, they said I need to contact USCIS.

Hi, please give more details, just want clarity i.e. contact USCIS by writing a letter and submitting documents in support of the request? or contact on phone .... or anything else ....

Edited August 6, 2020 by Zodiac System

[Dipali@VA]

It seems you need to file I539 even for extending I94 extended till approved petition or stamped Visa if you are not planning to go out of country  before I-94 expiry.

[Zodiac System]

On 8/7/2020 at 3:25 PM, Dipali@VA said:

It seems you need to file I539 even for extending I94 extended till approved petition or stamped Visa if you are not planning to go out of country  before I-94 expiry.

You applied for H1 RFE in premium processing.  If H1b is approved, then no worries of any type.  Good Luck