As far as USCIS/CBP is concerned I believe passport expiry has no impact on I-485 or H1/H4 extension of status. I think it's only an issue at port of entry where the new I-94 will have shorter validity.
About the passport extension at Indian consulates, they ask for documents proving valid status in the US, so the receipt notice might be enough, check with consulate. Shouldn't impact passport extension expiry date.
https://www.cgisf.gov.in/page/FAQs/Originally Posted by sling10
Its better to call the consulate and ask them for the actual COVID processing time. My spouse got her new passport in 2.5 weeks and this is few years back. So renewing the passport before you file I-1485 is better and you can get it done before October-1 for sure. The reason why its better to have a valid passport is when you are called for I-485 interview. After approving the passport, you usually get a seal on the passport which is equivalent to a GC. Folks who went through the interview process can confirm it.
https://citizenpath.com/faq/form-i-551-explained/
Otherwise, you've to wait until you get the GC physically in mail because your passport is invalid. So having a valid passport is mandated but not really required to file I-485. Nowadays we get the GC card soon and there is no big delay.
beagle : My confusion is I might get a short validity passport if i apply now since the new I-94 has not arrived yet. And then, will need to apply for the passport again post receiving the new I-94. So, if it is not mandatory to have a passport with a longer expiry date while filing 485, I don't want to unnecessarily start that paperwork now.
EB2-India; PD: 4th Nov 2011; I-485 RD : 1 OCT 2021; I-485 ND : 15 OCT 2021; 485 Receipt # : MSC2290023***; I-485J ND : 5 NOV 2021; BM : 22 NOV 2021;
For renewing Indian passport; the validity of I-94 should have no bearing on expiration of the new passport provided.
One of the documents they ask for validating status in USA: Recently expired Visa or I-797A Approval notice together with I-797C Receipt Notice for filing of a request for extension before the expiry of Visa or I-797A. Notarized copy of proof of extension, If your B1/B2 is expired and have a receipt for extension of stay or an approval for extension of stay
I do not have any facts to back me up other than a logical argument here. Why do you think they will issue your passport for a shorter validity period? All they need to know from you is that you are here in legal status in order to renew your passport here in US. You are an Indian national requesting an Indian passport. Why should they care about your I-94 details or any nuances related to US visa laws?
Assuming we are discussing about renewing Indian passport, I recently renewed mine form Chicago consulate through mail . It was 17 day process. validity of I94 does not matter.
PD: 03/2011 (EB2-I) RD: 10/19/20 ND: 11/ 11 /20 BM: 01/12/21 EAD/AP :02/16/21
This is what I see on the FAQ document on the Chicago Consulate General of India website:
Q: I am an Indian Citizen, at present living in Chicago, USA, last week my visa status has been expired, what should I do to re-issue of my expired Indian Passport ?
A: To re-issue your Indian Passport we need your valid visa status, if you do not have valid visa status you can visit our website (https://www.cgi.chicago.gov.in ) and apply for Emergency Certificate (EC) to travel back to India. If you already started the process of legalizing your stay in USA with USCIS then please submit your application along with notice of action issued by USCIS (i.e. I-797C etc.) based on this we will issue a Short Validity Passport (SVP), once you get your valid visa status you can apply for Full Validity of Passport (FVP).
Last edited by sling10; 05-13-2021 at 03:40 PM.
EB2-India; PD: 4th Nov 2011; I-485 RD : 1 OCT 2021; I-485 ND : 15 OCT 2021; 485 Receipt # : MSC2290023***; I-485J ND : 5 NOV 2021; BM : 22 NOV 2021;
When you applied, was your I94 already expired ?
EB2-India; PD: 4th Nov 2011; I-485 RD : 1 OCT 2021; I-485 ND : 15 OCT 2021; 485 Receipt # : MSC2290023***; I-485J ND : 5 NOV 2021; BM : 22 NOV 2021;
Then, I guess you can apply for i485 and then renew the passport.
Visit the below link and refer page 9 for the required documents for i485. The point 2. reads the following: -
https://www.uscis.gov/sites/default/...i-485instr.pdf
Government-Issued Identity Document with Photograph
All Form I-485 applicants should submit a photocopy of a government-issued identity document that has their
photograph. Typically, this will be your passport or similar document, even if the passport is now expired. It can also
be any other government-issued identity document such as a driver’s license or military identification document.
Passport renewal has nothing to do with how long your I-94 is valid. If you are here on a legal status you can renew and you will get 10 yr valid passport. It doesn't depend on your validity of I-94.
For 485 filing, what you need is a valid passport on the date your application is received by USCIS. Lets says your passport is expiring on 6/3/2021 and your 485 reached on 6/2/2021. That's fine for your 485.
Not sure what the confusion is.
Hi, New here. My PD is 12 Nov 2012 EB2I. I downgraded it to EB3 in October with a receipt date of Oct 16th, 2020. However, USCIS rejected my Premium Processing application multiple times, citing that it does not have the original PERM ETA 9089 form. Considering the rapid movements of dates, is my Final action dates are currently in the next 2-3 months and is my I-140 is still pending? What are my options?
H1 or H4 extension pending status is a valid visa status for 240 days after the extension is filed. Just send the receipt notice for the I-539 or whatever as proof.
Last edited by rsnake; 05-13-2021 at 05:27 PM.
After using EB-2 EAD and or AP, why would interfile EB-2 to EB-3 be an issue if, all we are doing is asking USCIS to change the underlying I-140. Its not that we are Applying I-485, EAD & AP altogether again with new EB-3 I-140. Gurus please opine.
NBC; EB2-I: PD: 28FEB11; RD: 22OCT2020; ND: 14NOV2020; EAD/AP: 17APR2021
I guess the above instruction from US nails it. If they are accepting an expired passport, they will also accept a passport which is about to expire in 3-4 months from the I-485 filing. I think I will renew the passport only after filing 485 and after receiving the new I-94 with a longer expiry date. Thanks vsivarama !
EB2-India; PD: 4th Nov 2011; I-485 RD : 1 OCT 2021; I-485 ND : 15 OCT 2021; 485 Receipt # : MSC2290023***; I-485J ND : 5 NOV 2021; BM : 22 NOV 2021;
Thanks Transformer ! Yes, the USCIS instruction related to the passport pretty much explains it. I had not read it. They accept an expired passport as well, so should not be a problem with a passport that has an expiry date not more than 3-4 months later than the I-485 filing.
EB2-India; PD: 4th Nov 2011; I-485 RD : 1 OCT 2021; I-485 ND : 15 OCT 2021; 485 Receipt # : MSC2290023***; I-485J ND : 5 NOV 2021; BM : 22 NOV 2021;
Thanks rsnake ! Just wanted to avoid the possibility of getting a short validity passport if the receipt notice is sent instead of the approval.
EB2-India; PD: 4th Nov 2011; I-485 RD : 1 OCT 2021; I-485 ND : 15 OCT 2021; 485 Receipt # : MSC2290023***; I-485J ND : 5 NOV 2021; BM : 22 NOV 2021;
You passport extension approval and the duration for which it is approved should not have any dependency on I-94. For Minors it will be extended for 5 years and for majors 10 years unless it is a tatkal I guess and in case of Tatkal I not sure how long the extension is approved.
Hi
I got my and my wife's green card and approval notice 2 weeks back. Today I got following email. I am surprised as I got both cards and notice in my mail box. Then what was USCIS trying to deliver. Pls advise
On May 14, 2021, the Post Office returned a notice we sent you for your Form I485, APPLICATION TO REGISTER PERMANENT RESIDENCE OR ADJUST STATUS, Receipt Number lin1290343593, because they could not deliver it. This could have a serious effect on your case. Please go to www.uscis.gov/e-request to request a copy of the notice immediately. If you move, go to www.uscis.gov/addresschange to give us your new mailing address.
approval notice
During this step, USCIS initiates the background checks of the applicant/petitioner and identifies issues that may need to be addressed either during an interview or by asking the applicant/petitioner to submit additional information or documentation. USCIS reviews the applicant's/petitioner's criminal history, determines if there are national security concerns that need to be addressed, and reviews the application/petition for fraud indicators. If you have filed an I-485, I-589, I-751, N-400, I-90, I-821, I-131 or I-765, you can expect to receive an appointment notice to appear at an Application Support Center to have your fingerprints and/or photographs taken. The timing of your appointment is determined by the number of applicants ahead of you that also need a biometric appointment. We try to schedule biometric appointments as quickly as possible and in most cases you will receive your appointment notice within 30 days of submitting your application. We will send your appointment notice approximately 14 days ahead of your scheduled appointment. It is important that you keep this appointment. If absolutely necessary, you can request that your appointment be rescheduled however, please be aware that rescheduling may delay the processing of your application. Please follow the instructions on your appointment notice if you need to reschedule. Occasionally, you may receive an appointment notice to appear at an Application Support Center to have your fingerprints taken when you have filed a form other than those listed above. In these situations, you may receive your appointment notice more than 30 days after submitting your application or petition.
I think you are correct, The FAQs on Chicago CGI state the possibility of a short passport based on your situation.
That being said, You have time as the passport expires in 2022. I would recommend that you wait for a few months or so before you take a call. If it gets too close to expiry and you urgently need it you can go the tatkal route.
I recently got ours renewed, it was pretty quick and we'll within the time frames listed on CGI, although mine was in Houston.
Look at it from the worst case scenario, all you would need to do is an extra renewal. In the larger scheme of things this is a minor issue to resolve
So you got a) Welcome Letter (Welcome to USA) and b)Green Card in two separate mails. As far as I know those are the two pieces that are sent to an applicant. The attorneys also get a courtesy copy of approval notice. So one of the three pieces did not get delivered. Maybe the attorney's mail bounced. You might be able to call USCIS and figure out why you are getting such a notification OR ask your attorney.
LPR Since 07MAY2021
Filed 485/131/765 for myself and spouse in October 2020 with late May 2011 PD as downgrade(without medicals). Application is at NSC and 140 not approved yet. Planning to apply for my son 485 (we missed last October) mostly Next month when FAD is current and also planning to upgrade 140 to PP in few days.
Question is : When we apply my son's AOS does this goes to our file at NSC? or they treated as separate applications and approved at different times or together as same package?
Hello guys
My PD is August 13 2010 EB2 India. My recent perm got approved first week of May. I’ll be filing I140(regular , not a downgrade & hopefully premium)+ I485 concurrently in June. My H1B extension (+H4 , H4 EAD) will also be filed in June. My lawyer is suggesting 1 year H1b extension.
I’d like to get an idea as to what’s a good strategy to follow here. Some people (not my lawyer)are suggesting not to file for I485 EAD and AP, and apply for H4 EAD instead (as biometrics have been dropped) and add medicals to I485 to speed up the GC approval. What are your takes on this approach and could we tweak some of this ? I am looking for the optimal strategy here
Since, it is not mandatory for the passport to be of a longer expiry date while filing the I-485, I am thinking of not renewing the passport prior to that. But, again, if I get my spouse's H4 renewal in the next month or so, I might still go ahead with the passport renewal. So, I will wait for some more time before taking a final call on this.
EB2-India; PD: 4th Nov 2011; I-485 RD : 1 OCT 2021; I-485 ND : 15 OCT 2021; 485 Receipt # : MSC2290023***; I-485J ND : 5 NOV 2021; BM : 22 NOV 2021;
vidya_garu,
Your EB2I PD will be FA current in June 2021 VB. Your post has so many alarms. My suspicion is that your attorney / lawyer are scamming either you or your company.
- H1B: I don't agree with 1 year H1B extension. You should ask for a 3 year extension. There is no extra fee that USCIS charges for a 1 year vs 3 year. Insist on a 3 year extension. H1B application is non-immigrant one. I-140 & I-485 are immigrant applications. They have different paths. You just have to make sure that your statuses are compatible. Getting a GC is not a joke. There is a process and lot of waiting time. Don't do H4 EAD. Instead do AOS EAD (see below)
- I-140: You FA dates are current. Regular I-140 applications take 6+ months to approve now-a-days. So a premium will help. You can take the H4 EAD fees (see below) and apply to I-140 premium and instead apply for AOS EAD.
- First GC AOS EAD does not have any fees. H4 EAD has fees. Why in the right frame of mind someone will file for H4 EAD and not GC EAD. Also GC EAD is law based and H4 EAD is rule based (and can be cancelled by an admin anytime). With GC EAD+AP, your dependent does not need to go for stamping. Your dependent does not need H4 status. However, the only issue is whether work status (EAD) will be issued before expiry of existing H4 EAD. AOS EAD will be processed faster when compared to H4 EAD. So a H4 EAD does not give any advantages other than donating fees to USCIS and the attorney.
Doing a H4 EAD instead of GC EAD is not smart. There are 4 reasons (see EAD thread). It is always advisable to have an AP in hand to avoid inadvertent I-485 cancellation.
I would file 3 year H1B, premium I-140, GC EAD+AP for both principal and dependent. Another option is you get your I-485 receipt notice and then do your EAD+AP application yourself. It is easy and we have a guide in EAD forum.
The sooner you come to the understanding that some attorneys will provide advice that is monetarily beneficial to them (and not to you or your company) the better. Good Luck.
Last edited by idliman; 05-16-2021 at 08:50 AM.
LPR Since 07MAY2021
Hello idliman
Thanks for the response. We have seen in this forum that some lawyers insist on a 1 year extension. Not to be defending my lawyer, but it appears to be a lawyer approach thing.
My lawyer didn?t insist on applying for H4 EAD in lieu of AOS EAD. The idea is that since my Final Action date is expected to be continuously current through Oct 2022, will it make my GC process faster by not applying for AOS EAD and AP. That was the idea.
Best regards
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