H4 Passport getting expired during Extension Process

[deepakOne]

My kids passport is getting expired on 8th Dec 2015 while our H1/H4 extension is still submitted (filed to Vermont service center on June 24th).
My i-94 expired on Aug 31st.Earlier I thought that regular processing will be over in 2-3 months but with current timeline its 6months+.

Not sure what to do, should I apply for passport renewal or wait for extension.
Please guide.


Thanks..

[jnk]

You can apply for passport renewal, attached letter explaining the same and send the visa extension receipt if you have.

[pb2us]

Can I refile I539 for dependent kid with renewed passport

Hi,

I have applied for my H1B extension by normal processing in September 2015. At the same time I applied for H4 for my dependent kid. That time I realized my son's passport expiring in Jan 2016. I got his passport renewed by Dec 2015. By the time USCIS will start working on my case (no activity in my case so far till today) my son's old passport has had expired already and they wouldn't have the new passport. My questions are:

1. Can USCIS issue RFE since my son's passport expired already?
2. If they issue RFE, would that be on H1B or H4?
3. Since USCIS has not started working on my case, can I refile I539 with the new passport details now?

Appreciate your response.

[shervin143]

1. Can USCIS issue RFE since my son's passport expired already?
>>> Yes. Possible.

2. If they issue RFE, would that be on H1B or H4?
>>> H4. On your son's application.

3. Since USCIS has not started working on my case, can I refile I539 with the new passport details now?
>>> Has the I-94 already expired? If yes, then it will be a problem. Without the old one getting approved, the new one won't get approved. It is better you take an infopass and tak to uscis.

[kruzeroneoone]

1. Can USCIS issue RFE since my son's passport expired already?
>>> Yes. Possible.

2. If they issue RFE, would that be on H1B or H4?
>>> H4. On your son's application.

3. Since USCIS has not started working on my case, can I refile I539 with the new passport details now?
>>> Has the I-94 already expired? If yes, then it will be a problem. Without the old one getting approved, the new one won't get approved. It is better you take an infopass and tak to uscis.

Hi Shervin143,

I am in the same situation as yours. Can you share your experience as in what you did and what you faced?

thanks...