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  • Passport Expiring

    Thanks for reading this. I don't fully understand the boundaries in this situation, so further explanation would be appreciated.

    I'm currently an F-1 student within the United States and my visa and I-20 expire in 2023. My passport expires at the end of this year without option for renewal from my original country. However, I've received a job offer from a company. I'm wondering if it's possible for me to stay within the United States, take the job originally with STEM OPT, and then get an employment-based permanent residence within the amount of time left over on my passport? Is there any major roadblocks or issues that I might face?

    I can't seem to find literature on requiring a valid passport to stay within the country. From what I've read, it's legal for me to stay as long as my I-20 is valid. However, I'm not sure.

    Thanks.

  • #2
    Hi,
    if your passport is getting expire and you are not going to renew, it is offence to stay in country beyond your passport expiry.. Passport is basic and important to stay in Foreign country.. So please try to renew passport or leave foreign country before passport expires.
    Thanks

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    • #3
      It's the I-94 that matters for your stay in the US, and your F1 I-94 presumably says D/S, so you are in legal status as long as you have a valid I-20 and otherwise comply with the requirements of F1. However, if you want to apply for Change of Status to another nonimmigrant status like H1b, you will need a valid passport at the time the application is filed. If your company petitions you for employment-based immigration and you are still in F1 status when you file your I-485, I guess a valid passport is not required.

      Why is it that you can't get a passport? Can you get an alternative travel document?

      This is my personal opinion and is not to be construed as legal advice.

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