Passport is expired at the time of H1B extension

[TManiar]

Hi,

My passport is going to expire in 4 months, Also my son's passport is already expired last month.
My company is filling H1B/H4 extension. Will there be any issue with the expired passport ? Or I must renew my and my son's passport before filing the extension? In that case I may need to wait for a month, which I don't prefer.
Please advise.

Thanks

[kabkaba]

One is not supposed to be present in a foreign country without valid passport. So renew all your passport asap irrespective of H1 extension.
Next, check all your I-94's. Are any of them expiring with the passports? If so extensions must be filed before the I-94's expire.
Extensions may only be approved until passport expiry dates and so passport must be renewed immediately.

[TManiar]

Thanks Kabkaba for the reply.
My last extension was filed in 2009 and I have got extension till 2012 that is beyond my passport expiry date. That's why I thought the passport expiry date and the H1B extension are not linked.

[kabkaba]

Check your latest I-94's. (All).

[TManiar]

Yes, the date on I-94 is as per my approved extension. So even on the expired passport, the visa and the I-94 have dates of 2012.