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E2 Valid but I-94 Expires - How can I extend without leaving USA

E2 Valid but I-94 Expires - How can I extend without leaving USA

Old Feb 3rd 2021, 5:50 pm
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Question E2 Valid but I-94 Expires - How can I extend without leaving USA

Hi Everyone!

I have an E-2 Visa which is valid until 2023, however, my I-94 will expire this May and whilst I normally travel outside of the US fairly often and get it reset, due to Covid this has been impossible and I am concerned that I won't be able to travel prior to expiration, and if I could then would I get back in!

I have read that some people have been able to visit a CBP field office with their documents and get this done under the current circumstances. Does anyone here have any experience of this or any other options?

Many thanks in advance for your assistance.
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Old Feb 4th 2021, 7:40 pm
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Default Re: E2 Valid but I-94 Expires - How can I extend without leaving USA

Are you the principal E-2 worker? or a dependent E-2?
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Old Feb 4th 2021, 7:55 pm
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Default Re: E2 Valid but I-94 Expires - How can I extend without leaving USA

Originally Posted by newacct View Post
Are you the principal E-2 worker? or a dependent E-2?
I am the Principal E-2 worker
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Old Feb 4th 2021, 8:07 pm
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Default Re: E2 Valid but I-94 Expires - How can I extend without leaving USA

Originally Posted by Lammy74 View Post
I am the Principal E-2 worker
Then your employer would have to file an I-129 petition in order to request your Extension of Stay.
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Old Feb 4th 2021, 8:09 pm
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Default Re: E2 Valid but I-94 Expires - How can I extend without leaving USA

Yes, I thought that was the case. I was thinking it may just be quicker and less hassle to drive to the Mexican border and re-enter.
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Old Feb 4th 2021, 8:30 pm
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Default Re: E2 Valid but I-94 Expires - How can I extend without leaving USA

Originally Posted by Lammy74 View Post
Yes, I thought that was the case. I was thinking it may just be quicker and less hassle to drive to the Mexican border and re-enter.
No guarantee you would get back in though. However one of my team is also on E2 - he just visited Europe and while there filed a waiver request with the US Embassy in his home country and was allowed back in. File the extension if you can - less painful and less risky.
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Old Feb 4th 2021, 9:20 pm
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Default Re: E2 Valid but I-94 Expires - How can I extend without leaving USA

Originally Posted by Winston_the_Great_Dane View Post
No guarantee you would get back in though. However one of my team is also on E2 - he just visited Europe and while there filed a waiver request with the US Embassy in his home country and was allowed back in. File the extension if you can - less painful and less risky.
I just finally managed to get through to the CBP at Brownsville. Fully explained my situation and they said they can do it there or at the SENTRI office there. Sometimes they don't even make you physically cross the border if they're quiet. Useful info! Apparently a lot of people are doing it at present.
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Old Feb 4th 2021, 9:25 pm
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Default Re: E2 Valid but I-94 Expires - How can I extend without leaving USA

Originally Posted by Lammy74 View Post
I just finally managed to get through to the CBP at Brownsville. Fully explained my situation and they said they can do it there or at the SENTRI office there. Sometimes they don't even make you physically cross the border if they're quiet. Useful info! Apparently a lot of people are doing it at present.
I'm not sure I would take a chance on what anyone on the phone says at USCIS. If it's an easy journey for you, then try it but personally, I would get the employer to file the extension for me.

Also, check the expiration date on your driver's license.
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Old Feb 4th 2021, 9:47 pm
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Default Re: E2 Valid but I-94 Expires - How can I extend without leaving USA

Originally Posted by petitefrancaise View Post
I'm not sure I would take a chance on what anyone on the phone says at USCIS. If it's an easy journey for you, then try it but personally, I would get the employer to file the extension for me.

Also, check the expiration date on your driver's license.
He didn’t talk to CIS, he spoke to CBP. The procedure even has a nickname - flagpoling. This sometimes works, other times the minions of the dark forces elect to simply reinstate status one had before departure. I’ve seen it both ways.
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Old Feb 8th 2021, 5:56 am
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Default Re: E2 Valid but I-94 Expires - How can I extend without leaving USA

Originally Posted by Lammy74 View Post
I just finally managed to get through to the CBP at Brownsville. Fully explained my situation and they said they can do it there or at the SENTRI office there. Sometimes they don't even make you physically cross the border if they're quiet. Useful info! Apparently a lot of people are doing it at present.
Hi Lammy74, thanks for posting the latest updates. My E2 visa will expire in 2022, but my i-94 will expire in July, I have the same problem as yours. Is CBP at Brownsville your local CBP? I mean do I need to go to my local CBP o any CBP who accepts my case? How do you contact CBP at Brownsville? By email on their website?
Thanks for your advises in advance.
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Old Feb 24th 2021, 3:35 pm
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Default Re: E2 Valid but I-94 Expires - How can I extend without leaving USA

Originally Posted by chitam View Post
Hi Lammy74, thanks for posting the latest updates. My E2 visa will expire in 2022, but my i-94 will expire in July, I have the same problem as yours. Is CBP at Brownsville your local CBP? I mean do I need to go to my local CBP o any CBP who accepts my case? How do you contact CBP at Brownsville? By email on their website?
Thanks for your advises in advance.
Hi Chitam, I first spoke to CBP at George Bush Airport, and they said to call Brownsville CBP on this number: (956) 983-5800 or (956) 546-1675 ; which I did. It's a bit more convenient for me than Laredo. Good luck and let me know if you get the same response I did; I understand that it can vary depending on who you talk too.

Last edited by Lammy74; Feb 24th 2021 at 3:37 pm. Reason: Added further info.
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Old Mar 7th 2021, 5:51 pm
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Default Re: E2 Valid but I-94 Expires - How can I extend without leaving USA

Originally Posted by Lammy74 View Post
Hi Chitam, I first spoke to CBP at George Bush Airport, and they said to call Brownsville CBP on this number: (956) 983-5800 or (956) 546-1675 ; which I did. It's a bit more convenient for me than Laredo. Good luck and let me know if you get the same response I did; I understand that it can vary depending on who you talk too.
Hi Lammy 74, Thanks again for your latest info. I will try to do the same thing suggested by calling first the Los Angeles International Airport and will see what is going to happen. Did you get renewed your I-94 then?


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Old Mar 7th 2021, 8:36 pm
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Default Re: E2 Valid but I-94 Expires - How can I extend without leaving USA

Originally Posted by chitam View Post
Hi Lammy 74, Thanks again for your latest info. I will try to do the same thing suggested by calling first the Los Angeles International Airport and will see what is going to happen. Did you get renewed your I-94 then?
LAX is not on the border. If you are going to do hat, you go down to San Ysidro, Otay Mesa or Calexico. You want a LAND port of entry.
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Old Mar 9th 2021, 3:32 pm
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Default Re: E2 Valid but I-94 Expires - How can I extend without leaving USA

Originally Posted by S Folinsky View Post
LAX is not on the border. If you are going to do hat, you go down to San Ysidro, Otay Mesa or Calexico. You want a LAND port of entry.
Hi S Folinsky,
Thank you very much for your useful info. Do you know if I have to stay some days in Mexico before I came back to USA in my case to extend the I-94 ? Or is it Ok I stay just a couple of hours to come back to USA?
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Old Mar 9th 2021, 4:09 pm
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Default Re: E2 Valid but I-94 Expires - How can I extend without leaving USA

Originally Posted by chitam View Post
Hi S Folinsky,
Thank you very much for your useful info. Do you know if I have to stay some days in Mexico before I came back to USA in my case to extend the I-94 ? Or is it Ok I stay just a couple of hours to come back to USA?
From what I understand it's a mere technicality and you can do a same-hour crossing.
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