Regarding travel to India after expired i94

[ramkrs80]

My wife has her i94 expire in Sept 2015 and work visa (H1) valid till Jan of 2017.

 

We made travel plans from Dec 24 2015 to Jan 15 2016.

 

Can we travel to India or should we hold off ?

 

Is she allowed to stay in the US with expired i94 and a valid H1B ?

 

 

[jairichi]

With an expired I94 she cannot stay beyond Sep 2015 unless an extension of H1B is filed.

[Attorney_21]

Absolutely not - the expiration of your I-94 is the expiration of your status.

 

If you stay beyond the date of the I-94 then you are "out of status" and "unlawfully present" (unless an extension or change-of-status application was filed before the expiration date)

 

You need to either file an extension before the I-94 expires, or travel and get a new I-94 upon your return.

[livliv]

Visa in the passport does not matter. I-94 determines duration of permitted stay. Does she have an I-94 that comes with H1B extension approval notice?

Shorter I-94 was likely given because of passport expiry. Has she renewed her passport.

There are two ways to extend H1B I-94. First, she can leave the US and return. Second, her employer can file petition amendment or extension to extend her I-94. A third option that only sometimes works is to go to CBP deferred inspection post at a nearby airport and show them the renewed passport and they may extend the I-94 to match the petition.

[ramkrs80]

The extended i797 came with a new i94. Thanks.