Will an expired passport be a problem?

[centrum]

Hi,

I just got approved for H-1B this year and I have some questions. I'm from a small country where they do not easily let their citizens to become citizens of other counties. So unless it's for educational purpose (undergraduate/graduate), they will not renew my passport for me.

My passport expires at the end of this year, and I was wondering if it's possible to obtain the following with an expired passport:

a) H-1B extension
b) PERM
c) green card

If it's not possible to obtain any of them with an expired passport, I must enroll in a graduate school to renew my passport. (Before my passport expires) I really prefer not to do this.

I would really appreciate if you could reply with cases you've seen or experienced in the past.

Thanks in advance.

[CRAZYMONK]

Originally Posted by centrum

Hi,

I just got approved for H-1B this year and I have some questions. I'm from a small country where they do not easily let their citizens to become citizens of other counties. So unless it's for educational purpose (undergraduate/graduate), they will not renew my passport for me.

My passport expires at the end of this year, and I was wondering if it's possible to obtain the following with an expired passport:

a) H-1B extension
b) PERM
c) green card

If it's not possible to obtain any of them with an expired passport, I must enroll in a graduate school to renew my passport. (Before my passport expires) I really prefer not to do this.

I would really appreciate if you could reply with cases you've seen or experienced in the past.

Thanks in advance.

I don't think you would be able to get through any of the list with the expired passport. If you are applying for it before your passport expires, I think you should be good.

By the way which country you are from?

[centrum]

Thanks for the reply. My lawyer told me that she has seen a case when the green card application was accidently submitted with a copy of an expired passport, and there wasn't any problem. However, she's not certain if this is what happens with every application submitted with an expired passport.

Could someone with experience related to this please reply? I'd really appreciate it.

[Ramba]

Originally Posted by centrum

Thanks for the reply. My lawyer told me that she has seen a case when the green card application was accidently submitted with a copy of an expired passport, and there wasn't any problem. However, she's not certain if this is what happens with every application submitted with an expired passport.

Could someone with experience related to this please reply? I'd really appreciate it.

Passport is a just a travel document to enter. Once entered legally, passport has no importance for immigration (GC) purpose. There is no need to renew the passport, unless you plan to travel. In fact, you dont need a passport to enter USA, if you have Green card. The important thing is that you have to always maintain legal status in US. If you are in non-immigrant status, you have to watch for I-94 expiry, and renew them on time. Not the passport. If you are apply for GC, USCIS want to confirm that you entered the US legally with valid visa and maintained your legal status in US. They dont care about the expiry of ypur passport.

[centrum]

Originally Posted by Ramba

Passport is a just a travel document to enter. Once entered legally, passport has no importance for immigration (GC) purpose. There is no need to renew the passport, unless you plan to travel. In fact, you dont need a passport to enter USA, if you have Green card. The important thing is that you have to always maintain legal status in US. If you are in non-immigrant status, you have to watch for I-94 expiry, and renew them on time. Not the passport. If you are apply for GC, USCIS want to confirm that you entered the US legally with valid visa and maintained your legal status in US. They dont care about the expiry of ypur passport.

Thank you so much for your reply. What you said was exactly what I wanted to hear. You said passport has no importance for immigration (GC) purpose. How about for H-1B extension? I do not plan to travel until I obtain the GC. Where can I find I-94 expiration date and does I-94 have to be renewed with a valid (not expired) passport? TIA.

[patiently_waiting]

Ramba, I agree, but CBP issues I-94 based on passport expiry date. then what do you do ?

Let's say if you have a visa till dec 2010 and passport expires by june 2010. If you go out of country now and enter US again, they will issue I-94 till june 2010 only. Now a days Port of Entry CBP are careful in issuing I-94 till the expiry of the passport (not till the visa end date).

[Ramba]

Originally Posted by centrum

Thank you so much for your reply. What you said was exactly what I wanted to hear. You said passport has no importance for immigration (GC) purpose. How about for H-1B extension? I do not plan to travel until I obtain the GC. Where can I find I-94 expiration date and does I-94 have to be renewed with a valid (not expired) passport? TIA.

You might have recevied I-94 at POE when you entered in USA with H1B visa (or it may be part of your h1b approval notice) For H1b extension, you need to attach the copy of the latest I-94. I dont think you need to attach copy of passport, when you extend H1B status or I-94 with in USA.

[Ramba]

Originally Posted by patiently_waiting

Ramba, I agree, but CBP issues I-94 based on passport expiry date. then what do you do ?

Let's say if you have a visa till dec 2010 and passport expires by june 2010. If you go out of country now and enter US again, they will issue I-94 till june 2010 only. Now a days Port of Entry CBP are careful in issuing I-94 till the expiry of the passport (not till the visa end date).

You are right. You don't need to renew the passport, if you are not planing to travel (planning to leave USA and come back). Even you can through your expired PP in waste bin after making a copy for records, if you dont want to leave USA.

[centrum]

Originally Posted by Ramba

You might have recevied I-94 at POE when you entered in USA with H1B visa (or it may be part of your h1b approval notice) For H1b extension, you need to attach the copy of the latest I-94. I dont think you need to attach copy of passport, when you extend H1B status or I-94 with in USA.

Yes, it was a part of my approval notice. I just looked at the I-94, and it says that the expiration is same as the H-1B visa. So I'm guessing I should have no problem to go through H-1B extension, PERM, and green card application with an expired passport as long as maintain legal status and don't leave the country, right?

I'm glad I asked on this site first before I enrolled at a random graduate school.

[centrum]

Important Visa and Immigration Documents

Is the statement under passport true? I still shouldn't have any problem right?

[centrum]

Originally Posted by centrum

Important Visa and Immigration Documents

Is the statement under passport true? I still shouldn't have any problem right?

Can someone answer this please?

[nukiee13]

Originally Posted by centrum

Can someone answer this please?

Centrum, I was in the same situation with you? How was your case? I will have I140 soon currently on I129 extension and waiting.....

[calgaryimmigration]

an expired passport will always be a problem..
i wonder why wont they let u renew your passport..