QUESTION
Question regarding I-94 extension at the Airport?
Asked on Nov 12th, 2024 on Immigration - California
More details to this question:
We submitted concurrent applications for my H1B, my spouse's H4 (I-539), and H4 EAD (I-765). My H1B has been approved with validity until 2027, but my spouse’s H4 extension and H4 EAD are still pending. Her current I-94 will expire on November 30, 2024, and her H4 visa is expiring on November 22, 2024. Her company is not allowing her to continue without I-94 extension, so we are planing to go it extended. Could we travel to a U.S. land border or fly to Mexico or Canada and re-enter the U.S. before November 22, 2024 to obtain an extended I-94 based on my H1B I-797 approval end date (August, 2027)? Does CBP officer consider my new approved H1B I-797 for H4 I-94 end date? Additionally, what would be the impact on the pending I-765(H4-EAD) extension?
1 ANSWER
Immigration Law Attorney serving New York, NY
Partner at
Law Offices of Norka M. Schell, LLC
2 Awards
In the scenario described, you and your spouse can travel to Mexico and re-enter the U.S. before the expiration of the spouse visa (November 22, 2024).
When the spouse re-enters the U.S., the Customs and Border Protection (CBP) officer will consider your H-1B approval notice. Your spouse's I-94 will typically be granted on the validity of the H-1B approval, allowing her to remain in the U.S. for the duration of the H-1B status.
However, the pending I-765 may be at risk of abandonment if your spouse travels while it is still pending, and she may need to file a new application for employment authorization after re-entry.
It is advisable to consult with an immigration attorney to navigate these processes and ensure compliance with immigration regulations.
Answered on Nov 13th, 2024 at 2:35 PM