Passport expiry during extension of visa

[ronag16]

Hi,

My passport is going to expire on 03 March 2014.Meanwhile my Visa and I94 have expired in June 2013 and extension of visa as well as conversion from L1B to L1A has been applied before I94 expiry.I got a RFE and have responded to that and now I am waiting for the result to come in anytime.My 240 days gets over on Feb 20 2014.
I have not yet applied for my passport renewal.Now I am in a dilemma whether to renew it in USA or do it in India in case my extension is rejected.
In case of rejection I will be travelling to India immediately after rejection or Feb 20 whichever comes first.I will be having a valid passport in case I return to India.
My doubts are:
1.If I go back to India before Feb 20, Can I apply immediately with only 10 days remaining for expiry?
2.Can I travel to India with the passport with limited days to expiry if visa is rejected?
3.In case my extension is approved Can I apply for the passport renewal in US with limited days remaining for expiry?
4.Can I apply now for the passport renewal in US without a valid visa and I94?I am thinking of the Tatkal option.

Thanks

[raghvi]

Hi,

My passport is going to expire on 03 March 2014.Meanwhile my Visa and I94 have expired in June 2013 and extension of visa as well as conversion from L1B to L1A has been applied before I94 expiry.I got a RFE and have responded to that and now I am waiting for the result to come in anytime.My 240 days gets over on Feb 20 2014.
I have not yet applied for my passport renewal.Now I am in a dilemma whether to renew it in USA or do it in India in case my extension is rejected.
In case of rejection I will be travelling to India immediately after rejection or Feb 20 whichever comes first.I will be having a valid passport in case I return to India.
My doubts are:
1.If I go back to India before Feb 20, Can I apply immediately with only 10 days remaining for expiry?
2.Can I travel to India with the passport with limited days to expiry if visa is rejected?
3.In case my extension is approved Can I apply for the passport renewal in US with limited days remaining for expiry?
4.Can I apply now for the passport renewal in US without a valid visa and I94?I am thinking of the Tatkal option.

Thanks

Not
1. Apply for what? New passport - Yes. New Visa - NO.
2. Yes but I dont think you can go via London or some transit countries which need one to have a valid transit visa/US visa.
3. I think even if extension is approved, the new I-94 would still be valid only till your passport expiry date. Yes you can apply for new passport in US itself as long as its valid.
4. This I think may be difficult, you need at least the approved I797 as Receipt Notice is not a valid proof. Talk to the Indian consulate and determine the same.

This is my opinion not legal advice.

[ronag16]

Not
1. Apply for what? New passport - Yes. New Visa - NO.
2. Yes but I dont think you can go via London or some transit countries which need one to have a valid transit visa/US visa.
3. I think even if extension is approved, the new I-94 would still be valid only till your passport expiry date. Yes you can apply for new passport in US itself as long as its valid.
4. This I think may be difficult, you need at least the approved I797 as Receipt Notice is not a valid proof. Talk to the Indian consulate and determine the same.

This is my opinion not legal advice.

Thank you very much for the fast reply.

[Rajan_Arora]

passport expiring

Passport need to renew but I797 is expired what is the process?

[Libra_14]

Passport need to renew but I797 is expired what is the process?

Step 1:
Open a new thread on immihelp.

Step 2:
Passport renewal doesn't need a valid I797 ... both are issued by two different government/department.