Does My USCIS-Approved I-94 Override an Outdated CBP Record for My H-4 Status?
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Reviewed & verified by A. Jason Velez, Esq.*
Managing Attorney, 1LAW · Last reviewed January 1, 2026
Legal Inquiry
Consumer Legal Issue
I reentered the US and CBP issued an I-94 valid until July 2026. My latest H-4 extension was then approved with a new I-94 valid until July 2027. My passport was set to expire in January 2027, so I renewed it. The online I-94 lookup still shows my status valid only until July 2026. Can I still apply for an EAD using my latest H-4 approval, which has an I-94 valid until July 2027? Can I also renew my driver's license using that same H-4 approval valid until July 2027?
Attorney Answer
The I-94 attached to your H-4 approval notice, valid until July 2027, is the one that controls, and the CBP online lookup showing July 2026 is simply outdated because it only reflects your last physical border entry, not your later in-country extension.
When USCIS approves an extension or change of status while you are inside the US, such as your H-4 extension, it issues a new Form I-94 on the bottom portion of the I-797 Approval Notice. This I-94 becomes your current, official record of status and its expiration date, and it supersedes the earlier I-94 that CBP generated when you physically reentered the country. The CBP online I-94 system only updates when you cross the border again, so it will keep showing your last entry date until your next international trip and reentry, even though it is no longer accurate for your current status.
For your EAD application, you should submit Form I-765 along with a copy of your complete I-797 Approval Notice, including the attached I-94 showing validity to July 2027. H-4 spouses can qualify for employment authorization (8 CFR § 274a.12(c)(26)) when the H-1B spouse is the beneficiary of an approved I-140 petition or has an extension of stay under specific provisions of the American Competitiveness in the Twenty-First Century Act, so if your spouse's H-1B falls into one of those categories, your I-797-based I-94 is the correct proof of status to include with your application.
For your Texas driver's license renewal, the Texas Department of Public Safety generally accepts a current, unexpired USCIS approval notice with an attached I-94 as proof of lawful status. Bring your I-797 Approval Notice, your renewed passport, and your Social Security documentation, and be ready to explain the CBP website discrepancy if asked, since DPS staff regularly see this exact mismatch.
A few practical steps:
1. Keep multiple copies of your I-797 Approval Notice with the attached I-94. 2. Do not rely on the CBP website I-94 alone. It will not reflect your extension until you travel internationally again. 3. If DPS or another agency questions the discrepancy, showing both documents together usually resolves it.
Because USCIS filings and state DPS requirements can shift, this is general legal information, not legal advice. A Texas immigration attorney can confirm your spouse's H-1B category qualifies you for H-4 EAD before you file.
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- Visit U.S. Citizenship and Immigration Services (USCIS) to check case status, forms, and official immigration guidance.
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Frequently Asked Questions
Why does the CBP I-94 website show an older date than my H-4 approval notice?
The CBP website only updates your I-94 record when you physically enter the US at a port of entry. When USCIS approves an extension while you are already in the country, it issues a new I-94 on your I-797 Approval Notice, but that update does not show up on the CBP website until your next reentry.
Who qualifies for an H-4 EAD?
Generally, an H-4 spouse qualifies when the H-1B spouse is the beneficiary of an approved Form I-140 immigrant petition, or has been granted an extension of H-1B status beyond the normal six-year limit under specific federal provisions. Eligibility depends on the H-1B spouse's exact case history.
What documents prove lawful status if the CBP website is outdated?
Your I-797 Approval Notice with the attached I-94 is generally the strongest proof, since it comes directly from USCIS and reflects your most recent approved status. Keeping a physical and digital copy on hand helps with license renewals, employment verification, and other requests.
