Some Reminders for the New Year

CHECK YOUR I-94 EXPIRATION DATE

As the New Year progresses, this is a good time to review your I-94 to ensure that you do not fall out of status. These days, you do not actually get a white (or green) I-94 card in your passport when you enter the US. The Customs and Border Protection (CBP) Officer will just stamp your passport with a notation of your status and how long it is valid. In order to access your I-94 information, you should go to this website.  Follow the directions and you can not only access your I-94, but your entire travel history (at least for the last several years).

You should check your I-94 and stamp in your passport to make sure that the dates listed are the same, and that all information is correct.  If there are any inconsistencies or errors, contact your attorney immediately to get them fixed.

REMEMBER your I-94 expiration date is what controls your ability to stay in the US.  When the I-94 expires you need to leave the US.  A visa stamp in your passport is a means of re-entering the US once you leave the US.  As long as you are in the US, you do not need a valid visa stamp in your passport, so do not worry if that expires during your stay in the US.

CHECK THE I-94 OF ALL DEPENDENTS

When you check your own I-94, make sure to check your dependents as well.  Sometimes, the dates may differ, depending on when they entered, their passport expiration date, etc.  It is therefore important to check the dates of ALL family member I-94s.

And when you file for the extension of your H-1B do not forget to file an application to extend your family members I-94s as well.  You will have to file a separate application for them, the I-539.  One I-539 can cover all dependents.  Remember, just because your H-1B status has been extended, that does not mean your dependents H-4 status has been extended, they need to file with USCIS and have their own extensions approved.

Please remember, as always, this blog does not offer legal advice. If you need legal advice, consult with a lawyer instead of a blog. Thank you.

Author: Adam Frank, Esquire

I am an immigration attorney with over 20 years of experience. I was graduated from Brandeis University undergrad in 1990 and then spent a year traveling around Central America. In 1991 I began attending the University of Baltimore School of Law and was graduated in 1994. I began working in Immigration Law in 1998 when I joined a small law firm and, in 2000 opened my own firm with my law partner Ed Leavy. Sadly, Ed passed away in 2011. I am still a partner in my own firm with my current partner Brendan Delaney. Our firm is Frank & Delaney Immigration Law, LLC. View all posts by Adam Frank, Esquire