A deceptively minor bit of information has left a single H4 visa holder in an awkward position—her I-94 had expired along with her passport, not her actual H4 visa.
The H1B holder’s wife had her passport renewed in the U.S., believing, like many, that her H4 status continued until the July 2025 visa expiry. But a closer examination this week showed that her I-94 had expired already, on March 25, 2025—the date when her previous passport expired.
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The revelation was made at the same time that the family was getting ready to submit their H1B and H4 extensions. Up until now, they had no warning or notice of this discrepancy. There were no reminders or automated notifications from USCIS or CBP. It’s an error many wouldn’t even realize they were committing.
Now is the larger concern—what does this do to her status? Technically, she may already be out of status. And the family has to wait in suspense until they talk to the company attorney.
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This type of situation is more prevalent than people imagine. Numerous H1B families get their passports renewed within the U.S. but neglect to verify the I-94 date from CBP. Even if the visa is current, when the I-94 expires, it can create problems.
Depending on the number of days that have passed, options could be to leave the U.S. and come back with a new I-94 or seek a nunc pro tunc extension (a retroactive correction, which is not always possible). But the sooner it occurs, the easier it is to explain. Prompt legal counsel is essential.
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This illustrates how a single forgotten line in a travel record can lead to mayhem. There is no pop-up notice or text message from immigration systems when I-94 dates do not match visa dates. The responsibility to verify falls solely on families—particularly spouses and dependents.
