Stamp date in passport is identical to passport expiry date

Question

We went to India in June for vacation from the US. When we came back to US, the immigration officer put a date in my daughter's passport: 12 December 2017, as her passport was valid until that date.

Now I have renewed my daughter's passport and don't know how to get the visa date extended in her passport or whether she is allowed to stay in US after the 12th of December anyway. I already have her H4 extension until August 2019.

Can someone please give advice as what to do and how to get her date updated?

Edit update: In July 2016 I got my H1B and my daughter's H4 extension until August 2019. In June 2017 we went to India, came back and had the 12/12/2017 date stamped in my daughter's passport as her passport was only valid until 12/12/2017. My daughter's I-94 doesn't show the latest entry for June 2017 when she returned to the USA from India.

Answer 1

Your question is not clear about the order that these things happened. She gets an I-94 at entry, and she gets an I-94 when an Extension of Status or Change of Status is approved. What matters is the latest I-94, as each I-94 supersedes all previous ones.

• For example, if she had obtained an extension of status that already took effect first, and then left the US (after leaving the US, she no longer has status, and the status and I-94 she had ceases to exist), and then re-entered the US, it's the (electronic) I-94 she received at entry that matters now. The date written below the entry stamp is usually the date on the I-94, but sometimes they make a mistake, so you should go to CBP's electronic I-94 website to make sure. CBP is required to limit the period of admission at entry to no later than 6 months before the passport expires (or, for passports for countries in the "6 month club", to no later than the passport expires). If this is the case, she must either apply for Extension of Status by filing I-539, or leave and re-enter with her new passport and an H4 visa in her old or new passport (along with a copy of your H1b petition so they can admit her until the expiration of that petition, if it is different from what is noted on the visa).

• On the other hand, if she entered the US, and then applied for Extension of Status or Change of Status, and it was approved (or if it was approved prior to her leaving but with an starting date that was after she returned), then it's the (paper) I-94 that came with the approval notice that matters now. The I-94 is a detachable part of the I-797A approval notice for the Extension of Status or Change of Status. You will not find this paper I-94 on CBP's electronic I-94 website.

Answer 2

Check her I-94 here (do two searches, one using the old passport number and one using the new one) and see what the stated "Admit Until Date" is.

If it's Aug 2019, then what it says in the passport does not matter.

If it's 12 December, then in order for your daughter's stay to be extended, her new passport must be presented to the authorities. This can be done either by:

1. Exiting the US (can be by land to Canada/Mexico) and re-entering, presenting both of your daughter's passports along with the paperwork pertaining to the H4 Extension.

2. Filing form I-539 and sending it to the USCIS; however this costs USD 370