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Old 08-28-2009, 09:22 PM
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Default H1 extension, Passport expiring

I wud appreciate if someone can help me on this

My 6 year H1 ends on Jan 02,2010. My 10 year passort expires on Feb 02, 2010.
I was planning to gor for my passport extension before I apply for my H1 3 yr extension.(my 140 is approved).

I talked to a friend who went for passport renewal in Indian consulate, Houston said, the consulate lady told him that he will get only a 1 yr passport since his EAD is expiring with in 2 months.

I am confused now. I cannot apply for my H! extension until I get my passport renewal and if my friend is right, Indian consulate wont give me passport renewal since my 797 is expiring in Jan 2010.

Any replies is appreciated
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Old 08-29-2009, 07:15 AM
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Default Go with extension first..

I suggest to go with extension. U can file for extension 6 months before the expiry of H1. so Apply in next month (if applying in regular) or in oct or nov (if applying in premium). Passport expiry may not be an issue for extension.

In my case, i have applied for extension(in regular process) 5 months before existing H1 expiry, where as my passport is just valid for 2 months after existing H1 expiry date. Didn't face any issues in getting approval.

May be u need to check with Attorney for one scenario where due to RFE if the extension is pending beyond 5 or 6 months..

Based on my experience I'm suggesting this.. better check attorney or experts also.
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Old 08-31-2009, 08:58 PM
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I'm not an attorney, but an immigration paralegal. You can apply for the extension within six months of expiry. As long as your passport is valid at the time of filing you should be fine.
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