Advance Hand
Passport / H-1B expiring, I-485 processing pending. EAD not yet in hand. How to handle the situation?
My passport expires on 31st october 2007. My second H-1B expires on 31st october 2007 too. My home country consulate is not renewing my passport since I got a short validity emergency passport from my country to come to USA. I should travel back to my country to get the passport renewed in one of the passport offices there. I have applied for I-485 and is pending. Now my problem is…Haven’t got my EAD and advance parole in hand yet. so, I cannot travel out of USA. I applied for EAD and AP on 8th of october. It will take atleast 90 days to reach my hand. I need a passport that is valid for atleast for 6 months for me to apply for my next H-1B. so, I cannot apply for H-1B. Now I cannot travel outside USA without advance parole, since that would be considered as abandonment of I-485 application. Meanwhile I cannot work since my passport is about to expire [H-1B too] and also since I dont have EAD in hand. Is it legal to stay here with expired passport, till I get EAD in hand?
First of all you should have applied in time. Having not done so, since you have already filed for work permit, you will have to just wait for it. Tell your employer who can help you deal with this with the help of your attorney. You can still file for H1b renewal but if you do, then you won’t be able to work on work permit. You should have actually just done so- file H1B in premium processing- you would have spent extra $1000 but you would have bought lot of peace of mind. The fact that your passport is expiring has no bearing on H1b renewal. You need passport to travel or get visa stamped. You should apply for passport anyways because even when your green card application is approved, you will need to travel.
So, in the end, you should file for H1B renewal in premium processing, travel to your home country and get the visa stamped. You should withdraw your application for work permit and travel document. You will still be considered adjustment applicant.
Consult your immigration attorney who handled all these filings for you.
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