i94 extension due to passport expiration

Hello, I am seeking advisory w.r.to my i94 extension. Myself and my dependents (my husband and daughter) entered US in Mar 2023. I came on an L1A visa. I have a valid petition until Jan 2026 and visa until Dec 2025. However, since our passports are expiring in few months, our i94 was stamped till that date. We have now gone ahead and renewed our passports.

I went on chat with USCIS and the representative mentioned I don’t have to exit the country to get this corrected and the nearest CBP office should help. So I went to the CBP office at DFW airport and I ended up having a traumatic experience there.

So, now I am a little skeptical to go to the Laredo border too, wondering how the officers at Mexico border would treat people. I am being told because of automatic revalidation, even if you fly to Mexico and come back, there is only a 50-50 chance the i94 will get updated. I do not want to fly back to India either.

My questions are -

  1. Will a 2-3 day trip to a place other than Mexico like Bahamas or Panama extends the i94 for sure?
  2. My company is willing to file an extension with USCIS. But are there going to be other implications because of it - like the incidence of RFEs, my i140 processing or the drivers license renewal?

Looking forward to your expert guidance. Thanks!

Most people have had success visiting Canada or Mexico border for I-94 extension, I dont see any risk.
Can you elaborate on what kind of experience you had at DFW CBP?

He literally yelled on my face that I need to leave the country and cant go to canada or mexico. My daughter who was standing beside me started choking. But he cared a damn. He also called me a liar when I told him that the officer at my POE into US, mentioned after my passport renewal, I can either come to the airport and get my i94 updated or if not go to Mexico. But he was like, No he wouldn’t have said that…! Why would anyone lie about something like that !!?

I later found from my company immigration attorney that because of the automatic revalidation rule between US-Mexico and US-Canada, its a 50-50 chance that you can either get your i94 renewed or not renewed at the mexico or canada land border or even if you fly. Probably thats why he yelled I cant go to canada or Mexico.

He was inhumane to even two other folks before me. Infact, for the person who’s case file was getting reviewed just before mine, he invalidated the one day trip the fellow made to Cancun last year, saying its illegal to get i94 updated like that, and made him out of status. I do not know other terms around the person’s visa or petition though.

So yep, don’t even think of going to airport even for i94 corrections I would say, unless you want to get traumatized and lose sleep.

I had already read the experiences in the link you have shared, but its many years back. I also know renewal at the border worked well during covid period. But a more recent and latest experience of someone extending their i94 at Laredo would help a lot.

Does flying out makes it a sure shot to get i94 updated, Maybe to a place outside of Mexico and Canada? Or flying to home country and coming back is the best method?

I would also like to hear experiences of anyone who got the i94 extension filed with USCIS and if its a good idea. Saves me from meeting any more such officers for sure. But want to know of any other implications. Does it make getting a DL tougher while the extension application is still pending? Thanks!

Hello Kalpesh,

Can you please provide me guidance on the below two points?

Does flying out makes it a sure shot to get i94 updated, Maybe to a place outside of Mexico and Canada? Or flying to home country and coming back is the best method?

I would also like to hear experiences of anyone who got the i94 extension filed with USCIS and if its a good idea. Saves me from meeting any more inhumane officers for sure. But want to know of any other implications. Does it make getting a DL tougher while the extension application is still pending?

Thanks!

That officer seems to be a racist. AVR is a published rule and no one can stop you using AVR. As far as you have a valid I-797, you can use AVR at Laredo border and get I-94 extended.
If you are very risk averse, go with extension with premium processing.
The most certain way to ensure your I-94 is extended at Mexico or Canada CBP is crossing the border within 10 days of expiry of current I-94 and entering using AVR.

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Thank you for the guidance Kalpesh.

So AVR, wont apply to me right? Cos in my case, visa is valid. Its i94 expiration just due to short passport expiry. I’ll try going to Laredo border this weekend with my husband and daughter. But my i94 is expiring only in Jan and my husband’s in Dec. Its only my daughter’s that’s getting expired this month end. Do you think they’ll turn down updating for me and my husband, cos expiration is still a few months out?

I really want to go with filing the extension, but I think the extension for dependents takes months to get processed (i-539). which means renewing my husband’s drivers license will become a problem. Atleast thats what I hear.

Any views if anyone over here was able to get their DL renewed successfully at Dallas DMV with a pending i-539?

Thanks!

Just try and see if they extend for all three.