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Hi All,
I am into a unique situation with a combo of H1B transfer (regular processing) I94 expiring and passport expiry and renewal.
I traveled to US in May 2015 on fresh H1B (stamping valid till Sep 2017). I had my passport validity till 3rd week Jun 2016 and was given I-94 matching with passport. Later in Nov 2015, I changed employer and have filed transfer in Nov 2015 in regular processing which is still pending. This transfer was submitted with old passport details (with expiry of 3rd week of Jun)
I recently renewed my passport and have given my new passport details to Attorney to update it in my pending case which they sent to USCIS. However Attorney is of opinion that USCIS may or may not update the case with new passport details and it will not be reflected in online status as well.
With that I have below questions:
1. Whether the case will be updated with new passport details and new petition and new I-94 will have 3 years validity (this is my fresh H1B with 5 years available)
2. In regular processing my case will not be approved until mid-Jun, which is one week before my existing I-94 (and old passport) expires. If my case is not updated with new passport , Can I get new I-94 of few days (3rd week of PP expiry - mid jun approval = 1 week or so) or in case if my case processing goes beyond 3rd week of Jun, will I get new petition with I94 expired (matching with Passport expiry of 3rd week of Jun)
3. Will my new petition will also come with Jun expiry date - giving me same option as above to renew it within a week ?
4. Will I get RFE on case (due to short validity of old passport) ? If so, new passport details as response will be good enough to have a longer term petition and I-94 ?
5. My family is in India with a plan to travel in May and I am in dilemma whether to postpone their travel until all sorted out but it will be long. Can they travel in May with new receipt and recent pay stubs (employer suggesting that). They have valid H4 stamped on their passport. FYI - My old employer has revoked old petition as well.
Please advise. Appreciate your quick response.
I am into a unique situation with a combo of H1B transfer (regular processing) I94 expiring and passport expiry and renewal.
I traveled to US in May 2015 on fresh H1B (stamping valid till Sep 2017). I had my passport validity till 3rd week Jun 2016 and was given I-94 matching with passport. Later in Nov 2015, I changed employer and have filed transfer in Nov 2015 in regular processing which is still pending. This transfer was submitted with old passport details (with expiry of 3rd week of Jun)
I recently renewed my passport and have given my new passport details to Attorney to update it in my pending case which they sent to USCIS. However Attorney is of opinion that USCIS may or may not update the case with new passport details and it will not be reflected in online status as well.
With that I have below questions:
1. Whether the case will be updated with new passport details and new petition and new I-94 will have 3 years validity (this is my fresh H1B with 5 years available)
2. In regular processing my case will not be approved until mid-Jun, which is one week before my existing I-94 (and old passport) expires. If my case is not updated with new passport , Can I get new I-94 of few days (3rd week of PP expiry - mid jun approval = 1 week or so) or in case if my case processing goes beyond 3rd week of Jun, will I get new petition with I94 expired (matching with Passport expiry of 3rd week of Jun)
3. Will my new petition will also come with Jun expiry date - giving me same option as above to renew it within a week ?
4. Will I get RFE on case (due to short validity of old passport) ? If so, new passport details as response will be good enough to have a longer term petition and I-94 ?
5. My family is in India with a plan to travel in May and I am in dilemma whether to postpone their travel until all sorted out but it will be long. Can they travel in May with new receipt and recent pay stubs (employer suggesting that). They have valid H4 stamped on their passport. FYI - My old employer has revoked old petition as well.
Please advise. Appreciate your quick response.
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