Passport renewal vs. US visa validity

[pratee1234]

Hi everyone,

I got my L1 extension approved on 8/11 till 8/8/18. My passport expires on 3/4/2018 though. I will be scheduling a visa appointment for end Nov, when I go to India. Can you pleasae help me by answering the questions below -

1) Will my visa/I-94 be restricted by the date of my passport expiration? If so, what happens when I get my new passport?

2) If the answer to the first part of question 1 is yes - I just tried to apply through the CKGS website for passport renewal (although it is >1 year away from expiration) because of change of address. I didn't receive any warnings for expiration being greater than 1 year away. WIll I encounter any problems and if not, how long would they reissue (extend) it for?

3) My passport number will change in case of reissue, correct? Would that be an issue during stamping as my passport number in the I-797 will be different? I am guessing no, since I will also have my old passport stapled to my new one.

Any help will be highly appreciated!

Thanks,
Prateek

[raghvi]

Hi everyone,

I got my L1 extension approved on 8/11 till 8/8/18. My passport expires on 3/4/2018 though. I will be scheduling a visa appointment for end Nov, when I go to India. Can you pleasae help me by answering the questions below -

1) Will my visa/I-94 be restricted by the date of my passport expiration? If so, what happens when I get my new passport?

2) If the answer to the first part of question 1 is yes - I just tried to apply through the CKGS website for passport renewal (although it is >1 year away from expiration) because of change of address. I didn't receive any warnings for expiration being greater than 1 year away. WIll I encounter any problems and if not, how long would they reissue (extend) it for?

3) My passport number will change in case of reissue, correct? Would that be an issue during stamping as my passport number in the I-797 will be different? I am guessing no, since I will also have my old passport stapled to my new one.

Any help will be highly appreciated!

Thanks,
Prateek

1. Visa generally does not depend upon Passport expiry, I-94 does.
2. They would generally re issue a new 10 Year validity passport.
3. It should be fine. I am assuming you will get your new passport before your Nov travel and the new passport is the one you will use to get the visa when filling the DS-160/.

This is my opinion not legal advice.

[pratee1234]

1. Visa generally does not depend upon Passport expiry, I-94 does.
2. They would generally re issue a new 10 Year validity passport.
3. It should be fine. I am assuming you will get your new passport before your Nov travel and the new passport is the one you will use to get the visa when filling the DS-160/.

This is my opinion not legal advice.

Thank you for your response. Few follow ups -

1. If the visa does not depend upon passport exiry and only I94 does, then do you recommend I apply for a new passport now or after I get the visa stamped? I will be travelling out of the country again in 2017 and can be issued a new I-94 on my return.
2. Also, you used the word generally. Does that mean that it really depends upon the VO's opinion or is that a rule?
3. If I were to get a new passport before my Nov travel, and take both the old and the new passport to them (using my new passport info in my DS-160), that should not lead to any confusion, correct? Also, while filling the DS-160, do they ask for any identification from the I797? If so, is the I797 linked to a passport number? If so, would that be an issue?

[raghvi]

Thank you for your response. Few follow ups -

1. If the visa does not depend upon passport exiry and only I94 does, then do you recommend I apply for a new passport now or after I get the visa stamped? I will be travelling out of the country again in 2017 and can be issued a new I-94 on my return.
2. Also, you used the word generally. Does that mean that it really depends upon the VO's opinion or is that a rule?
3. If I were to get a new passport before my Nov travel, and take both the old and the new passport to them (using my new passport info in my DS-160), that should not lead to any confusion, correct? Also, while filling the DS-160, do they ask for any identification from the I797? If so, is the I797 linked to a passport number? If so, would that be an issue?

First check with CKGS/Indian consulate whether they will renew your passport 18 Months ahead of expiry. As I understand they renew passport only if it expiring within next 1 Year. In your case they may give same expiry as current 3/4/2018 and create a new one with only the address changed as that is what you requested for.

if this is what happens, then anytime between now and 3/4/2018, if you travel out of US, upon re entry you will get I-94 only till 3/4/2018 and not till 8/8/2018.

This is my opinion not legal advice.

[pratee1234]

Thanks again.

On a separate note, my wife's EAD was up for extension and we received the approval notice on that as well. But we do not have the I-766 EAD card so far, although the approval date on the I797 for her I765 is 8/10. We called the USCIS and they confirmed that we should be receiving the I766 in a max timeframe of 30 days. My question though is, since her I797 approval date is 8/10, if she can join her job back? She was working till the date of her EAD expiration on 8/8.

[raghvi]

Thanks again.

On a separate note, my wife's EAD was up for extension and we received the approval notice on that as well. But we do not have the I-766 EAD card so far, although the approval date on the I797 for her I765 is 8/10. We called the USCIS and they confirmed that we should be receiving the I766 in a max timeframe of 30 days. My question though is, since her I797 approval date is 8/10, if she can join her job back? She was working till the date of her EAD expiration on 8/8.

She should not work without the EAD in her possession.

This is my opinion not legal advice.