Extension of stay and passport expiry

[kkrisna]

Hi all,

Please advice based on your knowledge for the below situation and question

Situation:
Passport expiry date: Dec-28-2008
Visa validity : Oct 2014
I94 expires: Oct-18-2008


I need my mother to extend her stay for 2 more months beyond Oct-18 to Dec-18th. since her passport expires Dec28th, what should I do,

would USCIS consider the application of extension, even though the passport is expring soon,
and i think august is the best time to apply for extension based on her situation what u advice

Your reply is highly appreciated
thanks
krisna

[txh1b]

Passport expiry doesn't have much to do with an extension of the I-94 in this case. Many people get H1b extensions beyond their passport expiry dates all the time. It is a problem while one enters at the POE as the officer may issue an I-94 till the date of expiry of the passport.

[knowledgeable]

What happens if ...

... the passport expires while you're visiting United States?

You (probably) cannot get it renewed here because you're not a resident and don't have the relevant documentation.

In that case you have an expired passport while out of the country.

What should be the modus operandi in such a case?

[txh1b]

... the passport expires while you're visiting United States?
You (probably) cannot get it renewed here because you're not a resident and don't have the relevant documentation.
In that case you have an expired passport while out of the country.
What should be the modus operandi in such a case?

The Consular General of the country the person belongs to will issue a renewed passport even if the person is not a resident. They have to do it even for an illegal immigrants. Only difference would be that the passport will be a temporary passport issued with a validity of 1 year instead of 10 years just for the purpose of travel.

For visitors that are legally here, the Indian consulate will extend the passport subject to their rules and regulations.

[knowledgeable]

Ah! Thanks for the information

Appreciate it.