Tag Archives: h1b visa

Getting a new Passport with a Current US Visa in Old Passport

Visa Info, , , , , , , , , , , ,

A common concern of foreigners on all types of US visas whether it may be;
– work visas like the H1B visa, L1 Visa, E3 visa, J1 visa, H2B visa, etc.
– study visas like the F1 visa
is what happens if they have an unexpired US Non-Immigrant Visa in their current passport but have to get a new passport either because they need new pages for their travels or because their current passport is expiring?

As every foreigner knows who is on a US visa of any type and has attended a US Consulate Interview that it is a not a fun or quick process. It is a process that anyone would want to limit as much as possible given the many uncertainties and inconsistencies of it all.

So if you do have a perfectly valid US visa but need to get a new passport with your home country, what can you do?

For once we have good news to report as far as the US Immigration system is concerned as your they will accept your unexpired and valid US visa in your old passport even if you have a new passport. Just ensure that when your home country cuts your old passport (as they tend to do to signify a passport is not current), that they do not cut the specific page your US visa is on.

So when you enter or re-enter the US, you present both passports to US customs and border officials. Your current passport serves as your travel document and identification. Then your old passport with the US visa serves as the basis for your entry and the conditions of your stay. They will still staple your white I-94 card document to your new passport.

Just ensure you don’t lose that old passport as far as the US is concerned it is just as important as your new passport. It is rare, but this is one case where the US immigration systems trumps many other countries’ immigration systems whereby you would not be able to this and would have to get a new visa.

It is nice to know someone in there thinks of the foreigners at least once 🙂

CJ

H1B Visa Extension while waiting for your Green Card

Green Card & Citizenship, Guest Posts, Visa Info, , , , , ,

Even if you have an employment authorization document (EAD) for work purposes and an advance parole document (AP) for travel purposes, extending your H-1B visa while your green card application is pending might be worthwhile depending upon your circumstances. Here are three reasons why an H-1B extension could make sense for you:

Safety – if your I-485 application is denied for any reason (even government mistakes), you will have no legal status and can be deported unless you have have nonimmigrant status like H-1B. Also, if you have H-1B status, you may be eligible to re-file your I-485 application. Without it, you might not.

Automatic Extension – even if you file your H-1B extension request the day before your H-1B expires, you will remain in H-1B status and continue to work without interruption while your extension request is pending. This is not true with the EAD. If your EAD renewal is not approved before your current EAD expires, you are not authorized to work until your EAD renewal is approved. Also, you have a small window of time to file the EAD renewal. To be safe, you must file 90 to 120 days before your EAD expires (you cannot file earlier than 120 days before expiration).

Family – if your spouse or child did not file or cannot file for adjustment yet, then maintaining H-1B status may be necessary to maintain status for your dependent spouse or child. Also, if you marry or plan to marry someone who needs a visa, the H-4 visa based upon your H-1B status is the fastest way for him or her to join you in the U.S.

There are many factors to consider in determining the best immigration status for you while your green card application is pending. Even if you decide not to extend your H-1B status or you travel using AP rather than an H-1B visa, you may still have an option of reinstating your H-1B status if necessary. Always consult with an immigration attorney when considering any changes to your immigration status.


Guest Author

Ann Massey Badmus