Child's Indian passport expired; H1B visa extension pending

[SamPrat]

Hello

My H1B visa extension is pending and my daughter's Indian passport is expired.. Could anyone please let me know will this cause any problem in visa extension? what best can be done?

Thanks
SamPrat

[kabkaba]

When does her I-94 expire? Have you sent her passport for renewal? Did you file her extension along with yours too?

[SamPrat]

her passport expired 6 mnths back; but we forgot to renew it :-( and now my H1B has to be extended. Can I apply later for her H4B renewal?

Thanks
SamPrat

[shervin143]

You did not answer the important question. "When does her I-94 expire"?

[SamPrat]

Her I94 expired in 2008. She returned in Sep 2008 from India. But her H4 was extended to Oct 2011 later.

[shervin143]

Her H4 extension should have come with a new I-94. Check the approval notice. You should detach that I-94 and staple it to the passport. I hope that I-94 is valid until Oct 2011. Check that and confirm. One cannot stay in the country without a valid I-94 (when you are in a work visa or a dependent visa).

Her I94 expired in 2008. She returned in Sep 2008 from India. But her H4 was extended to Oct 2011 later.

[SamPrat]

oh yes; her new I-94 is till Oct 2011.

[kabkaba]

In that case her I-539 needs to be filed before Oct 2011. First get the passport renewed asap. After that, you can file I-539 based on your pending/approved H1 extension petition.