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Question of I-94

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!

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Attorney answers 3

Best Answer

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 consulting with an experienced immigration law attorney. The information given may not apply to your individual situation. Immigration laws, regulation and procedure change frequently. This information should not be relied upon as legal advice without first consulting with an immigration lawyer and is not intended to create an attorney-client relationship. Please note that this site is open to the public and any information posted by readers can be viewed by government officials. Ari Sauer is licensed as an attormey by the States of TN, NY & NJ, but is able to represent clients throughout the US. Practice limited to US immigration law. Neither NY, NJ nor TN offer certification as an Immigration Specialist. This is an advertisement.



Hi, Ari, Their I94 have already expired from Nov 2011, I'm not sure from which day they will unlawful presence? from we recevied I485 denial notice or I94 expired date? Thank you!

Ari J Sauer

Ari J Sauer


If the I485 was filed before the I94 expired then likely from when the I485 expired. But it is a bit more complicated than that, so you should consult with your attorney before doing anything.


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.


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 answer I gave is based only on the facts that you have presented in your question and might change if the facts are different.