I-94 Re-issuance at the Border of Mexico New Passport: Who has done this?

[janetlopezmiranda 1]

Hello,

First of all, thank you in advance for answering this question. I came to the US July 20th, 2016.

My Visa expiration is May 2019

The CBP Officer gave me an I-94 admitted stay until February 8, 2017

Because my passport expiration is February 9, 2017.

Has anyone encountered this before? I have called the Port of Entry and they said two ways: File a form of extension to USCIS or Travel

I would like to do the second option. Go out of Mexico Border and present my NEW PASSPORT and my OLD PASSPORT that contains my O1 VISA which will expire in 2019.

Also bring my I-797, Employers Contract, Pay Stubs Etc.

Please let me know if you have done this before just because the Port of Entry officer gave you admitted stay only until the expiration of your passport.

Please help me, I have never done this before. And crossing borders and stuff, and returning right away I have never done before. This is very NEW to me and I am shocked that I have to do this. Is this Normal and allowable?

Thank you very much

Edited July 29, 2016 by janetlopezmiranda

[jan22 2,907]

Assuming you have proper documentation to enter Mexico, you should have no problem. People make a day trip to Mexico all the time, for example.

But -- why are you stressing about this right now? You have seven months in the US before this would become an issue. A CBP officer at the border crossing might jsut look at your current I-94 and re-admit you on that same one, since there is so much time left on it. You need to be super aware of the date on any new I-94, to make sure it actually has extended your time. The closer you do this to the time your current I-94 is due to expire the easier it will be, most likely.

[janetlopezmiranda 1]

Assuming you have proper documentation to enter Mexico, you should have no problem. People make a day trip to Mexico all the time, for example.

But -- why are you stressing about this right now? You have seven months in the US before this would become an issue. A CBP officer at the border crossing might jsut look at your current I-94 and re-admit you on that same one, since there is so much time left on it. You need to be super aware of the date on any new I-94, to make sure it actually has extended your time. The closer you do this to the time your current I-94 is due to expire the easier it will be, most likely.

I really appreciate your reply. I am just so concerned as i have never crossed border of mexico before and I fear that the cbp officer will not let me back in when i i have an on going job,lease of contract residence, a car, etc. i just wanted to know if a lot of peopple do this wherin they cross specifically just to renew i94 and not go on a vacation to mexico.

Also before i wanted to do it asap because i dont want it hanging in my head that i have to do this in 6 months or before my admitted stay expires.. its been in my head since i got here that i have to cross border of mexico and go back to US.

[HollywoodNorth 22]

Is your O1 via a I-797 Change of status letter [green USA letterhead with I94 on the bottom] or is it a stamp in your passport?

What does the O1 visa stamp say?

I've had passports expired, and it never required me to travel to update my visas.

For example, I've renewed Canadian passports 3 times while in the US [2 were renewed via mail, and the 3rd was at a Consulate at a major US city]. I've had an O1 visa good for 3 years and had a passport renewal at a Canadian consulate at a US city.

I wouldn't have a visa stamp in my new passport but that was fine because I was still under status under the original visa [i797 issued O1]. I just had the passport updated the next time I travelled. [i bring my old visas and passports with me whenever I travelled out of country] I never had an issue.

As long as you are under status on your original visa dates you should be fine.

IF YOU HAVE AN I797 THAT SUPERSEDES THE STAMP IN YOUR PASSPORT. In which case the next time you travel just present your new passport and current I797 and you'll get a new stamp.

I never understood why people get told they have to take trips to Mexico to renew their work visa or update their passport stamps. If you are getting a I797 in the mail your visa status is already updated.

And for people who don't understand or has never delt with O1's and I797's, there is a I94 issued with the I797 that is set to the visa expiry date and not the passport date. If you have a copy of that you are clear. Just get an updated passport through your countries normal channels and update it the next time you travel home. Don't make a special trip to a 3rd country just to update a passport stamp.. it isn't required.

Edited August 9, 2016 by HollywoodNorth

[newacct 688]

Is your O1 via a I-797 Change of status letter [green USA letterhead with I94 on the bottom] or is it a stamp in your passport?

What does the O1 visa stamp say?

I've had passports expired, and it never required me to travel to update my visas.

For example, I've renewed Canadian passports 3 times while in the US [2 were renewed via mail, and the 3rd was at a Consulate at a major US city]. I've had an O1 visa good for 3 years and had a passport renewal at a Canadian consulate at a US city.

I wouldn't have a visa stamp in my new passport but that was fine because I was still under status under the original visa [i797 issued O1]. I just had the passport updated the next time I travelled. [i bring my old visas and passports with me whenever I travelled out of country] I never had an issue.

As long as you are under status on your original visa dates you should be fine.

IF YOU HAVE AN I797 THAT SUPERSEDES THE STAMP IN YOUR PASSPORT. In which case the next time you travel just present your new passport and current I797 and you'll get a new stamp.

I never understood why people get told they have to take trips to Mexico to renew their work visa or update their passport stamps. If you are getting a I797 in the mail your visa status is already updated.

And for people who don't understand or has never delt with O1's and I797's, there is a I94 issued with the I797 that is set to the visa expiry date and not the passport date. If you have a copy of that you are clear. Just get an updated passport through your countries normal channels and update it the next time you travel home. Don't make a special trip to a 3rd country just to update a passport stamp.. it isn't required.

He is not doing anything with his visa. His I-94 admission period is just running out.

The law requires that nonimmigrants' passports be valid for 6 months after the end of their stay (or for certain passports, including in the OP's case Hong Kong's, until the end of their stay). CBP is required to limit the admit date on I-94s to six months before passport expiration date (or for passports from that list, to the passport expiration date). That means with a passport that is close to expiring, he got a shorter admission on his I-94 than he would have if he had a passport that is not expiring for a long time.

[HollywoodNorth 22]

He is not doing anything with his visa. His I-94 admission period is just running out.

The law requires that nonimmigrants' passports be valid for 6 months after the end of their stay (or for certain passports, including in the OP's case Hong Kong's, until the end of their stay). CBP is required to limit the admit date on I-94s to six months before passport expiration date (or for passports from that list, to the passport expiration date). That means with a passport that is close to expiring, he got a shorter admission on his I-94 than he would have if he had a passport that is not expiring for a long time.

Yes but the I797 I94 supersedes the stamp in his passport. He doesn't have to leave the country just to get an updated stamp using that same I797. It's a waste of a trip and money.

The op should get a new passport and just update the stamp the next time he travels normally using the I797 to update his new passport.

This is on the CBP website, all he/she would need to do is bring the old and new passport with the I797 form.

The important thing more than the I94 date is the visa expiry date on the I797 [vs the one on the I94].

[jan22 2,907]

Yes but the I797 I94 supersedes the stamp in his passport. He doesn't have to leave the country just to get an updated stamp using that same I797. It's a waste of a trip and money.

The op should get a new passport and just update the stamp the next time he travels normally using the I797 to update his new passport.

This is on the CBP website, all he/she would need to do is bring the old and new passport with the I797 form.

The important thing more than the I94 date is the visa expiry date on the I797 [vs the one on the I94].

This is not accurate. The OP does not have a new I-797 that came with an extension of status (and, therefore, an I-94 based on that extension. This was for the original entry on a petition/I-797 for which the I-94 is issued at the port of entry. The I-94 was limited because of the expiration date on the passport presented at entry. You cannot be in the US beyond the expiration of the passport so the date on the I-94 is the controling date. The OP has two options -- apply for an extension of status with the new passport, in which case the status would be extended until the end date of the petition. Or, leave the US and get a new I-94 that will be issued until the end date of the petition. The I-797 date does not give the OP any status beyond the I-94 date.

Edited September 15, 2016 by jan22