Can H4 spouse I-94 be extended based on the H1B I-797 (I-94) extension at the canada land border

[mummadi]

I have recently received my approved H1B extension(I-797) valid till 2025   (Originally Jan 2023)
My Spouse's current H4 VISA STAMP EXPIRED. However, Her H-4 I-94 is still valid till Jan 2023.
My Spouse's new H4 extension has been applied is still in process,  since it's not applicable for premium processing.
My Spouse's does NOT have valid H4 Visa Stamp on her passport
Goal is to get H-4's I-94  extended and we are debating to go either to mexico or canada border.  

Question:
1. Can we both drive to Canada and return on the way back at the border, Can she get her H4 I-94 extended to 09/2025 by showing the newly approved H1B extension (I-797) till 2025, using Automatic revalidation before her current i94 expires (Jan 2023?)
2. No officer would complain that her VISA STAMP is expired, i assume right ?

[FaskRaja]

Nee goal enti bro, going to canada or extending I94 ?

Canada tour kosam aite - Canada ki aite velli ravachu with expired visa and valid I94, but I think they will not update I94 based on your 797.

Extension is priority ante apply H4 extension.. may take time,..

[mummadi]

3 minutes ago, FaskRaja said:

Nee goal enti bro, going to canada or extending I94 ?

Canada tour kosam aite - Canada ki aite velli ravachu with expired visa and valid I94, but I think they will not update I94 based on your 797.

Extension is priority ante apply H4 extension.. may take time,..

Goal:  Get H-4's i-94 extension.    I also applied for H-4 extension and is in pending state. H1 extension got approved in premium.

So anduke want to see if at the border they will extend h-4's i-94 based on h1-b's latest I-797 approval.  Problem is H-4 visa stamp expired. So officer will have any issues with extending H-4 I-94 ani ?

[TrishaManiac]

1 hour ago, mummadi said:

Goal:  Get H-4's i-94 extension.    I also applied for H-4 extension and is in pending state. H1 extension got approved in premium.

So anduke want to see if at the border they will extend h-4's i-94 based on h1-b's latest I-797 approval.  Problem is H-4 visa stamp expired. So officer will have any issues with extending H-4 I-94 ani ?

they will not extend your wife's I-94 based on your i_797 approval....she needs her I-539 to be approved.

[krishna0125]

1 hour ago, mummadi said:

I have recently received my approved H1B extension(I-797) valid till 2025   (Originally Jan 2023)
My Spouse's current H4 VISA STAMP EXPIRED. However, Her H-4 I-94 is still valid till Jan 2023.
My Spouse's new H4 extension has been applied is still in process,  since it's not applicable for premium processing.
My Spouse's does NOT have valid H4 Visa Stamp on her passport
Goal is to get H-4's I-94  extended and we are debating to go either to mexico or canada border.  

Question:
1. Can we both drive to Canada and return on the way back at the border, Can she get her H4 I-94 extended to 09/2025 by showing the newly approved H1B extension (I-797) till 2025, using Automatic revalidation before her current i94 expires (Jan 2023?)
2. No officer would complain that her VISA STAMP is expired, i assume right ?

yes, she can travel along with you, cross the border and get new i94 or extend current one with new dates. Then you can use that i94 for EAD auto extension. I did the same this year.

But not every CBP officer understand this and do this, you its a hit or miss sometimes.

and you should only do this when your wife's i94 is about to expire in 10 days, or CBP office will simply allow her back on same i94 without any change and will tell you to apply extension with USCIS

[manamthoupule]

I've heard CBP inside airport's also does I94 extension, is that true ?

[krishna0125]

9 minutes ago, manamthoupule said:

I've heard CBP inside airport's also does I94 extension, is that true ?

Those office are for i94 corrections only, not for extension. You need to fly out and fly in to extend i94 or cross the border. Very few lucky people got their i94 extended at corrections office just by calling them

[mummadi]

1 hour ago, krishna0125 said:

yes, she can travel along with you, cross the border and get new i94 or extend current one with new dates. Then you can use that i94 for EAD auto extension. I did the same this year.

But not every CBP officer understand this and do this, you its a hit or miss sometimes.

and you should only do this when your wife's i94 is about to expire in 10 days, or CBP office will simply allow her back on same i94 without any change and will tell you to apply extension with USCIS

Thanks bhayya. Mari nee wife di visa stamp valid undena aa time lo? or expire unde na? Expire aina kuda allow chesada aithe?

You did this 10 days before expiry or much earlier than that nee case lo?

[mummadi]

28 minutes ago, manamthoupule said:

I've heard CBP inside airport's also does I94 extension, is that true ?

Appudu H-4 ki definite ga valid visa stamp undali. Ofcourse nuvvu fly ayye mundu india lo ne aapestharu anuko.

[krishna0125]

16 minutes ago, mummadi said:

Thanks bhayya. Mari nee wife di visa stamp valid undena aa time lo? or expire unde na? Expire aina kuda allow chesada aithe?

You did this 10 days before expiry or much earlier than that nee case lo?

Mine and my wife both expired many years back. We were allowed back using AVR rule. I did 2 weeks early. I know a guy who allowed back inside without any extension bcz he tried this 2 month's before his i94 expiry and they told to apply with uscis. They don't know USCIS is taking a year now and our work auth is related to this. They are saying, we can apply h4 extension and reside in usa legally for year or so.

By now most of the CBP officers know about this. If you encounter someone who has no clue, explain about AVR process and tell them your h4-ead will lapse bcz of i94 and job loss and all. and finally ask him to talk to supervisor. Mostly supervisor knows about AVR and they will instruct what to do for CBP staff. 

If supervisor option also didn't work for you on that day, just came back with same i94 and try again next day or at different border. 

[krishna0125]

26 minutes ago, mummadi said:

Appudu H-4 ki definite ga valid visa stamp undali. Ofcourse nuvvu fly ayye mundu india lo ne aapestharu anuko.

You can fly out to Mexico(or canada) and come back with out valid h4 stamp using AVR process with in 30 days from USA, but you need Mexican visa or I think their is some on arrival visa for Mexico.

[mummadi]

26 minutes ago, krishna0125 said:

Mine and my wife both expired many years back. We were allowed back using AVR rule. I did 2 weeks early. I know a guy who allowed back inside without any extension bcz he tried this 2 month's before his i94 expiry and they told to apply with uscis. They don't know USCIS is taking a year now and our work auth is related to this. They are saying, we can apply h4 extension and reside in usa legally for year or so.

By now most of the CBP officers know about this. If you encounter someone who has no clue, explain about AVR process and tell them your h4-ead will lapse bcz of i94 and job loss and all. and finally ask him to talk to supervisor. Mostly supervisor knows about AVR and they will instruct what to do for CBP staff. 

If supervisor option also didn't work for you on that day, just came back with same i94 and try again next day or at different border. 

Brilliant. So this might work for me. I will take land route only le. Flying risky. 

2 more questions: 

Last paragraph lo u said if it didnt work you on that day, come back ante..

malli usa vachesi on old i94 tho and go back to Canada and then again try coming back to usa or

maybe did u say if they are giving on old i94 just say I don't like the option ani Canada back vellipoyi malli next day retry Antava ? 

 

Inthaki, Which border entry location in Canada is easy antav ? 

 

[krishna0125]

18 hours ago, mummadi said:

Brilliant. So this might work for me. I will take land route only le. Flying risky. 

2 more questions: 

Last paragraph lo u said if it didnt work you on that day, come back ante..

malli usa vachesi on old i94 tho and go back to Canada and then again try coming back to usa or

maybe did u say if they are giving on old i94 just say I don't like the option ani Canada back vellipoyi malli next day retry Antava ? 

 

Inthaki, Which border entry location in Canada is easy antav ? 

 

If they feel you dont need extension, they will allow you back on same i94 or even may give new i94 with your same old expiration date. Then you can try again next day with same process.

also You can call and check too few hours before you start to the border, you can easily reach CBP officers on phone and explain what you are trying to do and note down his name just in case. There will be many officers working and you may not get the same person, but atleast you can refer his name if you feel things going in wrong direction.

They will never say to go back to canada, if you have valid i94 and you dont stay more than 30days.

 

another important info to remember is, they can only give visa stamp which you used to enter into USA initially. Means, lets say your wife entered on h1b but later changed to h4. when you cross the border they can extend i94 but they will change her status to h1b again. so keep that in mind. may be they can put in h4 category too after getting higher approvals, I don't know.

I crossed at Vermont/Canada border

 

[SudeshGangavarapu]

Hi Friends- Similar Situation but the other way around. I am on H4 & EAD expiring on Sept 11th 2024. Already filed extension along with my Wife’s H1B extension back in April 2024. Wife’s H1B got approved but my H4 & EAD still pending. 

I have a valid visa stamp till Sep 2024, Can I go “alone” taking my Wife’s new H1B approval notice to mexico border by road to get my I94 extended?