Passport Related Discussion

[ravisekhar]

I lost my I-94 card thats pinned to my passport but luckily i have copy of it . Do we need the original I-94 card to file 485. My priority date is Jan10th 2008.

[nishant2200]

I lost my I-94 card thats pinned to my passport but luckily i have copy of it . Do we need the original I-94 card to file 485. My priority date is Jan10th 2008.

You don't need original to file. But:
a. If you leave country meanwhile, you would have to give I-94 back when exiting. So stay put, don't travel!
b. If called for an in-person interview for GC, you might be asked to show originals.

Further, as per http://www.cbp.gov/xp/cgov/travel/id...ng_out_i94.xml the I-94 is only for non-immigrant visa holders, so once you are on GC, it should cease to bother you.

I believe this calls for a lawyer's advice. The question is should you apply with this I-94 or get new one issued and apply with that.

It is possible to get new I-94 and that too in same day. But then it was 5 years back and in Los Angeles. I had got it done for my wife. In her case, they had put wrong date of birth in their system based on I-94. The I-94 date of birth, in that 9, they somehow read as 5. So DMV did not give license to my wife and said, there is mis-match in date of birth. So we took appointment with USCIS office, big guarded building in Los Angeles, the first level officer could not understand our problem, so I asked to be able to speak to supervisor. The supervisor sent us to some floor upstairs, wherein there was some high level officer (he had a uniform on, like police, or port of entry CBP officer, he even once kind of scolded people waiting for talking and asked them to be silent), he made us fill out a form, and he issued my wife a new I-94, and after that we again went to DMV, and this time, they did not have any problems.

[qesehmk]

in US one rarely needs originals in most cases. In this case copy should do per my knowledge.

I lost my I-94 card thats pinned to my passport but luckily i have copy of it . Do we need the original I-94 card to file 485. My priority date is Jan10th 2008.

[ravisekhar]

You don't need original to file. But:
a. If you leave country meanwhile, you would have to give I-94 back when exiting. So stay put, don't travel!
b. If called for an in-person interview for GC, you might be asked to show originals.

Further, as per http://www.cbp.gov/xp/cgov/travel/id...ng_out_i94.xml the I-94 is only for non-immigrant visa holders, so once you are on GC, it should cease to bother you.

I believe this calls for a lawyer's advice. The question is should you apply with this I-94 or get new one issued and apply with that.

It is possible to get new I-94 and that too in same day. But then it was 5 years back and in Los Angeles. I had got it done for my wife. In her case, they had put wrong date of birth in their system based on I-94. The I-94 date of birth, in that 9, they somehow read as 5. So DMV did not give license to my wife and said, there is mis-match in date of birth. So we took appointment with USCIS office, big guarded building in Los Angeles, the first level officer could not understand our problem, so I asked to be able to speak to supervisor. The supervisor sent us to some floor upstairs, wherein there was some high level officer (he had a uniform on, like police, or port of entry CBP officer, he even once kind of scolded people waiting for talking and asked them to be silent), he made us fill out a form, and he issued my wife a new I-94, and after that we again went to DMV, and this time, they did not have any problems.

Thanks for the info. The I-94 that is pinned to the passport is like more than 4 Years old and after that i Extended my H1b twice. I thought once i get H1B extension the I-94 stapled to passport is no longer needed and the I-94 from H1B extension will replace the older one. Further input will help me as my priority date is Jan 2008

[nishant2200]

Thanks for the info. The I-94 that is pinned to the passport is like more than 4 Years old and after that i Extended my H1b twice. I thought once i get H1B extension the I-94 stapled to passport is no longer needed and the I-94 from H1B extension will replace the older one. Further input will help me as my priority date is Jan 2008

From what I know, the I-94 stapled to passport is what matters.

Sorry to put you in any tension, I am just always over cautious.

Again, this is just based on what I feel, I am not lawyer!

Hopefully someone else may have better idea or correct me.

[ravisekhar]

From what I know, the I-94 stapled to passport is what matters.

Sorry to put you in any tension, I am just always over cautious.

Again, this is just based on what I feel, I am not lawyer!

Thnx Q and nishant for your inputs. I will fire the question to my lawyer and see what they say.

[skpanda]

Most recent I94 is what you need. In your case if you lost your 4 years old I94 and have received 2 new I94s (H1B extensions), the most recent is what you need.

I had similar situation. I extended my H1 twice and received a I94 both times. So I had 3 I94s. When I went out of US, I gave the 1st (stapled to passport) just to be safe and the last I94 (that was most recent). The I94 in the middle is still with me (even today).

Good Luck!

Thanks for the info. The I-94 that is pinned to the passport is like more than 4 Years old and after that i Extended my H1b twice. I thought once i get H1B extension the I-94 stapled to passport is no longer needed and the I-94 from H1B extension will replace the older one. Further input will help me as my priority date is Jan 2008

[gc0907]

Most recent I94 is what you need. In your case if you lost your 4 years old I94 and have received 2 new I94s (H1B extensions), the most recent is what you need.

I had similar situation. I extended my H1 twice and received a I94 both times. So I had 3 I94s. When I went out of US, I gave the 1st (stapled to passport) just to be safe and the last I94 (that was most recent). The I94 in the middle is still with me (even today).

Good Luck!

From my understanding it is the most recent one that matters. If you never left the country and got new I94 with H1 extension, it will have the same I94 number with different validity. When you leave the country you should give the one that isn't expired as it proves you left the country you were in valid stay or to say you didn't overstay.

Again that is my understanding and believe it's correct.

[qblogfan]

Guys, my passport will be expired in June 4th, 2012.

If I become current in December, can I use my passport? Do they require passports to have 6 months valid?

Thanks!

[krishnav]

What is stopping you from extending your passport when you are so uncertain about applying with it?
Not sure about Chinese consulate but extending India Passport is a one day stop at the consulate.

Guys, my passport will be expired in June 4th, 2012.

If I become current in December, can I use my passport? Do they require passports to have 6 months valid?

Thanks!

[Kanmani]

We (Indians) cannot apply for renewal no more than one year before the date of expiry of the current passport.
. I dont know about Chinese consulate rules.

[gc0907]

We (Indians) cannot apply for renewal before 180 days to passport expiry date . I dont know about Chinese consulate rules.

It is one year and not 180 days.

[jsr0101]

No, you can renew one year before date of expiry...

We (Indians) cannot apply for renewal no more than one year before the date of expiry of the current passport.
. I dont know about Chinese consulate rules.

[gc0907]

Guys, my passport will be expired in June 4th, 2012.

If I become current in December, can I use my passport? Do they require passports to have 6 months valid?

Thanks!

I have been waiting like you and was going to apply for extension if my PD hadn't become current. Now I will wait for another month or two. Oh I still have 10 more months to go.

[soggadu]

passport expiry doesnt make you out of status... so dont worry about... no problemoo...

[qesehmk]

I don't think its a serious issue since your status in US is determined not by your passport but by an authorization that the government issues. In this case your I-94 seems to be valid so your should be ok.
Check w a lawyer if you are still concerned.

Question
My passport expired in May 2010 and I didn't renew it till Oct 2010 (my bad). My I-94 is valid from Nov 2009-Nov 2012. Can there be any issues with AOS since my passport was expired for about 5 months? I am worried

[skpanda]

Renew your passport under tatkal. If you got the Indian consulate taht has jurisdiction, you can get your passport the same day (most cases). Since your passport has expired you may have to file an affidavit explaining why you did not renew your passport. But going to the consulate will definately help things quicken.

Good Luck!

Question
My passport expired in May 2010 and I didn't renew it till Oct 2010 (my bad). My I-94 is valid from Nov 2009-Nov 2012. Can there be any issues with AOS since my passport was expired for about 5 months? I am worried

[gcseeker]

Singh Ji

Passport is only required for travel purposes. I do not see any problem .You can use the AP/Recepit for travel . The only scenario which might have an problem is if you have chosen Consular processing and need to travel to India .

Question
My passport expired in May 2010 and I didn't renew it till Oct 2010 (my bad). My I-94 is valid from Nov 2009-Nov 2012. Can there be any issues with AOS since my passport was expired for about 5 months? I am worried

[needid]

Another point to prove, At port of entry your I-94 is limited till pasport expiry. But when extend H1 here in US, I-94 expiry date could be beyond your passport expiry date.

I don't think its a serious issue since your status in US is determined not by your passport but by an authorization that the government issues. In this case your I-94 seems to be valid so your should be ok.
Check w a lawyer if you are still concerned.

[rdsingh79]

Hi Q, Thanks for the response. That is my understanding too, but i got worried because one of the my companies' lawyer's signature contained following statement.

**U.S. law requires that every non-citizen national have a valid passport while they are in the U.S. When entering the U.S., your passport must be valid for at least six months beyond the expiration of your period of admission to the U.S. Under international treaties, many countries have an agreement with the U.S. whereby a passport is deemed valid for an additional six months past its expiration date (a list of these countries can be obtained on the U.S. Customs and Border Protection website at:
http://www.cbp.gov/linkhandler/cgov/travel/inspections_
carriers_facilities/ clp/bulletins/clp_bulletin_04162008.ctt/clp_bulletin_04162008.pdf.

In all cases, your stay in the U.S. (I-94 Card) will be limited to the validity of your passport (for those who are not on the list of countries with an agreement to deem a passport extended, the I-94 Card may be properly limited to six months prior to the passport expiration date). It is critical that you renew your passport as soon a possible and that you send a copy of your I-94 Card to our office following each entry into the U.S.

The link above is not working. Not sure if India is on list of countries with an agreement mentioned above.

I don't think its a serious issue since your status in US is determined not by your passport but by an authorization that the government issues. In this case your I-94 seems to be valid so your should be ok.
Check w a lawyer if you are still concerned.

[qesehmk]

I am pretty sure Indian passport has validity six months after expiry.

Regardless I do not think there is any law that asks you to maintain your passport explicitely. At least I am not aware of.

Hi Q, Thanks for the response. That is my understanding too, but i got worried because one of the my companies' lawyer's signature contained following statement.

**U.S. law requires that every non-citizen national have a valid passport while they are in the U.S. When entering the U.S., your passport must be valid for at least six months beyond the expiration of your period of admission to the U.S. Under international treaties, many countries have an agreement with the U.S. whereby a passport is deemed valid for an additional six months past its expiration date (a list of these countries can be obtained on the U.S. Customs and Border Protection website at:
http://www.cbp.gov/linkhandler/cgov/travel/inspections_
carriers_facilities/ clp/bulletins/clp_bulletin_04162008.ctt/clp_bulletin_04162008.pdf.

In all cases, your stay in the U.S. (I-94 Card) will be limited to the validity of your passport (for those who are not on the list of countries with an agreement to deem a passport extended, the I-94 Card may be properly limited to six months prior to the passport expiration date). It is critical that you renew your passport as soon a possible and that you send a copy of your I-94 Card to our office following each entry into the U.S.

The link above is not working. Not sure if India is on list of countries with an agreement mentioned above.

[rdsingh79]

Just got back a note from the lawyer that they don't expect it to be an issue for AOS......relief....

Guys...Thanks for your responses...

I am pretty sure Indian passport has validity six months after expiry.

Regardless I do not think there is any law that asks you to maintain your passport explicitely. At least I am not aware of.

[qblogfan]

I plan to renew my passport. The chinese passport takes 1 month to get renewed. I think it's a good idea to get ready for next VB. Although my chance is 30% or less, I want to make things ready.

I am pretty sure Indian passport has validity six months after expiry.

Regardless I do not think there is any law that asks you to maintain your passport explicitely. At least I am not aware of.

[needid]

One related note,
At POE,they limit I-94 till passport expiry. If you renew your passport, you may have to reapply fro Non immigrant visa, as CBP at airports is not giving out I-94s, atleast wherever i live.
In 2009: my wife passport expired, once we got the new passport , we went to CBP office at OMAHA airport, they issued new I-94 until H1 expiry.
In 2011: My daughter got I-94 till 2014 with H1 extension, but went to India in this April, at POE, my daughter I-94 is limited till Nov,2011( till passport expiry). We renewed her passport and contact near by CBP, they said they stopped issuing new I-94.Our attorney said either we can go out of country or apply fresh H4 to get new I-94. So we did the second.

I plan to renew my passport. The chinese passport takes 1 month to get renewed. I think it's a good idea to get ready for next VB. Although my chance is 30% or less, I want to make things ready.

[donvar]

Just got back a note from the lawyer that they don't expect it to be an issue for AOS......relief....

Guys...Thanks for your responses...

rdsingh ? Was it a non issue altogether or a non issue because you were within six months? Please respond.

I am in the same boat , passport expired on May 16 and yet to renew. I am in Houston and can be at the consulate. Should I do tatkal in order to get it before six months after expiry i.e. Oct 16 ?