Question of I-94

Asked over 1 year ago - Nashville, TN

I hold a H1B visa and extend from Nov, 2011 to Nov. 2014, I didn't extend my wife and daughter's I-94 because our I485 was pending at that time, the lawyer of our company said it will be ok, but our I485 was denied last week, I think I should extend their I-94, how can I extend their I-94? because their I-94 already expired at Nov, 2011, but they have ID card will be expired May, 2014, Thank you so much!

Attorney answers (3)

  1. Ari J Sauer


    Contributor Level 13


    Lawyers agree

    Best Answer
    chosen by asker

    Answered . They need to go back to their home country and apply for H4 visas. They are accruing Unlawful Presence so they must leave before they accrue 180 days of Unlawful Presence. Otherwise they will be subject to a bar of inadmissibility. Either that or if you can file a new adjustment if status under a new basis before they have accrued 180 days of being out of status or working without authorization then that may be an option although probably the riskier option. You need to consult with your attorney or a new attorney.

    Ari Sauer
    Memphis, TN Immigration Lawyer
    (901) 682-6455

    Disclaimer: The information here is for educational purposes only and should not be relied upon without first... more
  2. Samuel Anthony Silva

    Contributor Level 10


    Lawyers agree

    Answered . I agree with my colleagues. Your wife and daughter need to return.

    This answer is only for general information purposes. It does not establish an attorney-client relationship. The... more
  3. Christian Schmidt

    Contributor Level 19


    Lawyers agree

    Answered . Your wife and daughter will have to leave the US and reenter in order to gain back status. They will need a valid visa to return. You should have the circumstances for the denial of the I-485 reviewed by an attorney before they leave.

Related Topics

H-1B specialty occupation visa

If you have special skills and the right experience, you might be eligible for a H-1B visa if there is a shortage of qualified workers.

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