Disclaimer: The information published in this article are based on my personal experience. I am not a legal advisor or an Immigration Lawyer.
My passport was due to expire in November 2020. I applied for the passport renewal in June 2020 after the CKGS started accepting applications and was able to get my renewed passport by July 2020.
My experience with CKGS Indian passport renewal went well. Now, I knew that an I-94 Extension after Passport Renewal is required to stay legally in the USA.
Due to my old passport expiry in November 2020, when I came back from India in 2018 December, my I-94 was given until the passport expiry date. However, I had a valid I797A stamped in my old passport until March 2021.
If you are an alien in the United States, you must know that your legal stay is solely governed by the I-94 validity date and not your stamped visa or valid I797. “(Unless an I-94 is provided along with I797A after an extension)”
Table of Contents
Different Ways to Get I–94 Extension
There are mainly three ways to get an I94 extension.
1. Visit CBP Office at US Land Border
One of the easiest ways to get an I-94 extension is to visit the CBP office located at the US land border in Mexico or Canada. You may be asked to cross the border. There is a 50-50 chance depending on the CBP officer.
Some people also have reported simply making a U-turn in Canada-US border.
These CBP offices are located on the US side of the border. You can expect to be interviewed, just like you were when you landed in the United States with a valid H1B visa from India or any other US visa.
- US – Mexico Border: CBP Otay Mesa, San Diego/ Laredo, Texas / Arizona crossing etc.
- Canada-US Border: Detroit Windsor Tunnel
2. Filing Extension of Stay Application with USCIS
This is a costly and time-taking affair. For this, you need to apply extension of stay Form i539. You need to pay $370 for the i-539 application, and no extra fees for i94 renewal.
And the extension of status applications can take 4-12 months.
Once your extension is approved, USCIS sends a new extended I94 attached to the approved I797. This is the only way to extend
3. Leave US and Return
If you leave the US and return, the new I-94 is issued immediately on your arrival in the US and can be downloaded from the CBP i94 website.
Documents Required to Extend I-94
Here are all the documents required to extend I-94 after passport renewal.
- Old/Existing I94: You can get it here on the CBP website anytime. Reconfirm the I94 date of expiry before the trip.
- I797 Notice of approval form
- Passports: All your old expired passports and the most recent new passport.
- US address proof: – Driving license, Utility bill, Lease agreement, state ID etc.
My Situation before I-94 Extension
Here is how everything went, and why I decided to leave the USA to extend I94.
Response from the CBP Office in US
I contacted my local CBP office location both by phone and in person and they weren’t giving a convincing answer. Since I was close to my max out period, couldn’t apply for an extension to get my I-94 updated with the next petition.
So the only option I was left with was to travel across the border and come back to get it updated at Port of Entry (POE).
Trip to Mexico
Decided to travel to Cancun, Mexico (As Mexico provides tourist permit on arrival), and booked a two-way same-day return ticket to Cancun with 3 hours between both onward and return flights.
Boarding the Flight
1. Online check-in wasn’t allowed so I checked in at the airport airline desk. Only an onward Boarding pass was provided.
2. No check-in bags so direct security check where I had to undo my Face Mask when the airport guards check your passport and Boarding pass.
3. Boarded a flight to Cancun and there was a 2-hour delay due to technical issues leaving only 1 hour for catching my return flight. (Face masks are mandatory from the moment you step foot in the airport).
Landing in Mexico
Mexico Immigration Form (FMM) Details:
The FMM or Forma Migratoria Multiple card for Mexico is basically a tourist fee that everyone who enters the country must pay.
The FMM form for Mexico Immigration was provided by the flight attendants en-route.
There is a chance that Airlines crew may run out of FMM forms, so you can take one and fill out near immigration desk before you join the line for Port of Entry in Mexico. I had to UNDO my Face Mask once for Mexico Immigration.
You need to fill in personal details such as
- First name, Last name, Gender
- Name of the airlines to fly to Mexico, Flight number
- Details of Stay (Address of stay)
- Passport details (of current passport).
As I didn’t book any hotel for stay, I had to mention in Address of Stay as ‘N/A (Same day return)’ and since I mentioned same-day return the Immigration officer stamped the Exit Visa part of FMM form with the current date.
It is ‘illegal’ to stay beyond the Exit date of FMM. So if you anticipate flight cancellation/delays and you don’t have hotel booked, please inform the officer with your correct tenure of stay so the exit visa can be stamped accordingly. They might ask for return ticket in some instances.
Mexico Immigration
I landed in Mexico (Cancun Intl’ Airport) and went straight to Mexico Immigration. The officer asked how many days of stay – I mentioned ‘1 day’ & ‘Same day return’.
Mexico Immigration officer tore the bottom part of the FMM form with a stamp on it and gave me back with my passport. [Important: This part of the FMM form is the exit visa that you need to hand over to airlines while boarding when exiting Mexico.]
Don’t lose it.
After immigration, you can either exit airport to a hotel(if you have booked one) or be in the transit area. Since I had next flight to catch within one hour, I stayed in transit area only.
Boarding Flight for the USA
I had to go through the security check where they check your Passport and Boarding pass. I didn’t have my boarding pass at the moment, so I showed them my mobile app booking and they allowed me in after scanning my passport.
After security check, you enter the area of flight boarding gates. I directly went to the gate to take my next flight and asked the gate attendants to provide me a boarding pass. They inquired how I entered in and I showed them that ‘I just landed in Cancun an hour before’ and showed my mobile app with journey info.
A gate attendant took my passport and checked the Exit stamp from Mexico and generated my boarding pass.
Ensure that you surrender the form with Exit Stamp (provided by Immigration officer) before you board your flight back to the US.
US customs form will be provided by flight attendants[1 form per family] en-route and you will need to fill it as it has to be given to the Immigration officer.
US Port of Entry Questions:
Landed in the US and went to US Immigration. Gave my passports (Old and new) to the officer
Reason for travel?
I informed about the I-94 situation and said I made a 1 day trip to Mexico for getting my I-94 updated.
Are you still with the same employer as stamped in VISA?
Yes.
Do you have a letter from the Employer?
I shared the letter that I am currently with them and showed my recent I797A additionally on my own.
Do you have any checked-in bags?
No.
I was asked to undo the Face Mask and give fingerprints and after stamping was given back my Passports along with Customs form(stamped green as proof I didn’t bring anything illegal) which I had to surrender to the Customs officer later.
Automatic I94 Update
Checked my passport for ‘Allowed Until Stamp’.- To my surprise, the I-94 online in the CBP portal got updated with Renewed passport details and Date of Stay in just a couple of hours.
US-Mexico Travel Updates w.r.t COVID
– Food will not be provided during the flight. So you’re encouraged to take your own. However, you cannot land in Mexico with any food (there might be a penalty ). So you will have to either eat it or trash it before you land in Mexico.
– Face Masks are mandatory even while eating in flight. You can undo it – take a bite – put it back.
– For Return flight, i bought something to eat from Cancun Airport and boarded the return flight.
– A mini water-bottle, a mini biscuit packet and a sanitizing wiping tissue was provided while boarding the flight.
– Carry your own travel-accepted quantity of hand sanitizer for personal use.
In Summary: How to Renew I-94 after Passport Expiry by Going to Mexico?
So you have checked the expiration date on I94 and you have obtained your new passport. Here are four simple steps to follow to extend I94 after passport renewal.
- Buy a round-trip flight to Mexico.
- Carry all the documents needed for I-94 extension.
- Answer the questions at the port of entry in the USA.
- Get the I 94 renewed.
Can You Extend I94 at International Airport?
In short, no you can not. There are CBP offices inside international airports such as Dallas, Boston, and San Francisco. But they can fix any errors with your existing I-94. They will not entertain any requests with extending i94 based on the new passport.
So if there have been any I94 mistakes that happened during I94 issuance, feel free to approach them. But CBP offices in international airports will not extend your I-94 after passport renewal.
How Long Can We Stay in US after I94 Expiry?
If you are on a non-immigrant work visa like H1B, your legal stay can be up to 240 days.
If you want, you can even file the I-94 extension on the last day of the I-94 expiry. the thing to know is that the application should be received by USCIS on or before the I94 expiry date
That being said, many people have stayed in the USA long after the expiry of I94, while getting subsequent visa extensions without ever leaving the USA.
RAVI says
Thanks for your insights.
Is the option available during COVID, to cross the US Border via Land route in TX or AZ OR CA?
Sundaresen Bhalasubramanean says
As far as I know, land travel is restricted for non essential reasons. However air travel is still allowed. Check the sherpa website for current information.
Tina says
Thanks for sharing it.
Was your visa stamp still valid when reentering the US? Or did the officer at CBP portal requires a valid visa stamp, additional to other documents (e.g., new passport, I-797A approval) to allow you re-enter U.S.?
Sundaresen Bhalasubramanean says
Yes. A Valid stamped visa must be present in your old/current passport when entering the US. Officer may ask for additional documents as deemed required.
Tina says
Thanks!!!
ani says
I just did it through San diego and it was surprizingly smooth. This seems to be a standard use case for them . Authorities on both sides understand this.
Sundaresen Bhalasubramanean says
Thank you for taking the time to provide your confirmation. I believe others who use this information would benefit knowing that this works!
Arnie says
Ani,
I’m in the same boat . I live in southern california.
Did you have to cross the border and enter mexico and come back to get your i-94 renewed ? Or Did you just walk into CBP office without having to cross the border ?
Thanks
A
Nya says
Which CBP office did you go to? I plan to renew mine this week, any information will be greatly appreciated.
Thanks,
Nya
Emily says
my visa sticker is expired but my I94 is still valid, can I still go to Mexico to update my I94 with my new passport?
Sundaresen Bhalasubramanean says
No. If your Visa has expired, you won’t be allowed to enter United States. I-94 is only to give you the duration until which you can continue to stay inside United States after you are allowed to enter it. The day you travel outside of US and re-enter, you will be given an updated I-94.
Disclaimer: Details provided above is not to be taken for legal/official purposes. It is solely for information. Please consult your situation with an Attorney of Law before making a final decision.
Ravi says
I just updated my I-94 at Laredo,TX land border and it was smooth experience.
Amudha Ganesh says
Thanks for your update. Planning to update mine and my kid’s h4 visa. Do the h1b person need to go along or not required? What all documents do we need to take?
Anis Edavalath says
do they issue a new I94 while you cross the land border or update the existing I94 with the new passport details?
Tharunkumar Amancha says
Hello,
I have a H1B Valid Visa till July 2022 and Valid passport till Aug 2023. So, I had applied for I-539 (B2) visa after my 60 day of grace period and it is still not approved. Now, I found a job where my company is sponsoring my H1B visa and I’ll get a New I-797 approval notice. Now, As I’d applied for B2 visa, I had to wait for B2 approval and then H1B COS. As COS-B2 may take an additional time, My attorney suggested me to go to border, exit the country and come back with New I-94. Can anyone suggest how to update I-94 or faced similar situation ??
Saurabh says
Hello TharunKumar,
I am in a similar situation where I have H4 COS pending and valid H1B consular processing application approval and visa stamped in my passport till Sept 2021. Did you exercise the above option? What was your experience like?
Thanks
Sundaresen Bhalasubramanean says
You need to have a ‘valid stamped visa’ in your passport before you think of exiting the US border so that you will be able to enter the US again.
Due to the pandemic, many land borders are closed for non essential travel. Mexico border was open for Air travel and I utilized it last year (Nov 2020) time frame and hence I have shared my travel experience here at the top of this blog post.
Please check your eligibility for travel, both US and destination country regulations along with the required valid travel documents before making the final decision.
Disclaimer: Details provided above is not to be taken for legal/official purposes. It is solely for informational purpose only. Please consult your situation with an Attorney of Law before making a final decision.
Jeremy says
Thanks for this detailed and very helpful description of all steps!
@All,
Does anyone know something about the current (Mar 2021) situation “extend I-94 by using land border to MX”?
Afaik crossing the border is only possible for “essential travel” (due to Covid).
Would I be able to walk into a US CBP office at the border, explain my situation and would be able to get I-94 extension without leaving (technically I would leave US only for a few minutes anyways).
Has anyone maybe done that in the recent past?
Thanks in advance!
Ankitkumar Borkhataria says
Hi,
I travelled on March 10th to San Ysidro CBP facility. Walked into Mexico and came back. Updated my I94.
Jeremy says
Thank you Ankit for sharing your experience!
Isn’t the land border to MX currently closed for “non-essential travel” due to Covid? (I read it was closed until March 21 and this got extended to Apr 21 now.
Did you ask an officer before you walked across the border to find out that this kind of travel was allowed?
Thanks!
Yash says
Hi,
Did you end up traveling by land? Did you face any issue due to “non-essential-travel” restrictions?
My wife is planning to travel to extend her I-94 to avoid H4 processing delays so wanted to find out.
Thanks!
Jeremy says
Hi Yash,
I can’t give you an update from my side yet.
Still hoping @Ankit comes back and lets us know.
That’s exactly the same situation I am in.
If your wife is going there, please let us know here. I have the same plan and will let you know here once I have answers!
Thanks!
Ankit says
I went to San Ysidro border facility on 3/10/2021 and updated my I94. I have heard that for some people I94 gets updated with the same old passport number, however, in my case I had to enter new passport details to see the updated I94. When I checked I94 using old passport number, it wasn’t updated. What was the case for you people who updated their I94 by traveling to Mexico?
jordan says
Hello ,
I am in same situation like you . Have any one try to cross the border recently and came back ? have you try SENTRI Office ? there is a ban on non essential travel on land border till 21st June .. Any one tried recently ?
Raj pal says
Hi,
I am in the similar situation, I entered US on valid i797 which expires on 12/01/2022, since my passport was expiring on 12/12/2020 my i94 was given until 12/12/2020. I am in Mexico now and planning to return to US to get i94 updated.
1.Is my stay after i94 expiration unlawful
2.if yes, is there a 180 day limit for me to stay after I94 expiration
3. I am 178 days past expiration, is that okay
In your case how many days after i94 expiration did you travel to Mexico.
Any insights are very much appreciated
Deb Pati says
Hi Raj,
One thing I can tell you for sure is that your stay after the I94 expiration is not unlawful.
Raj pal says
Thank you very much Deb, I have been reading various interpretations online so I just want to make sure.
Moshe says
Hi Raj:
I am in a similar situation, I just discovered that my I94 expired the 04/28/2021 because of the expiration date of my passport. I renew the passport in January 2021 though but I was not aware that I had to renew the I94 too. My VIsa H-B is valid until September 2022. I am stressed and do not know what to do. Did they approved the update of your I94 even if it was expired? What should I tell my current employer, to give me a letter of leave of absence to tell that I won’t work until the situation is fixed?
Thank you
Sravani says
Hi Moshe,
I’m in exactly the same situation as you are. Do we need Mexico visa to go to the boarder and return?
Will a valid US visa suffice for traveling to Mexico?
AS says
Hi Raj,
Can you please update me on your case? I’m in similar case (visa expires March 2022 and I-94 valid until August 2021).
Did you travel via land to Mexico to update I-94?
Vamsi says
Hi Moshe,
I am in the same situation as yours my i94 expired but I have a valid H1B visa. Can you please tell me how did you extend your i94?
Can we still cross the border and get i94 updated in this case?
Vamsi says
Hi,
My I 94 expired on Aug 26th 2021 (old passport expiry date) but I have a valid H1B visa until Jan 16th 2022. In this case can I go to Mexico and get my I 94 renewed?