possible to have valid H1B with expired passport?

Posted Thu, 06/30/2011 - 16:04 by pegasixi

Hi, I have a quick question that nobody seems able to give a definitive answer to... I would greatly appreciate it if you could help me answer this.

I am currently on an F1 student visa and would like to secure a job in the US. From my understanding, if I find a company willing to sponsor me for an H1B visa, I will eventually be able to get a Green Card... The problem lies in that, due to some complications, my home country (Republic of Korea) will deny any attempt to renew my passport. I will have a valid passport when I get the H1B visa, but my passport will expire in about a year, with no possibility of renewal.

So, assuming that I do not intend to leave the country, is it possible to stay in the US with a valid H1B only? In fact, is it even possible to get an H1B that extends beyond the period of my passport's validity? Also, will this affect any attempts to secure a green card later on?

Sorry for the long-winded question, and thank you in advance.

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Comments

Phil's picture

You shouldn't need a valid

by Phil - 07/06/2011 - 22:53

You shouldn't need a valid passport to maintain H1B status in the U.S. This is not an issue I have specifically looked at before but I think that is correct. However, if you leave the country you wouldn't be able to return without a valid passport and the actual H1B visa.

Also, obtaining an H1B visa has nothing to do with obtaining residency. If you are able to change status to H1B it does not mean you will ultimately be able to obtain a green card.

H1B Extension & Expired Passport

by nukiee13 - 01/26/2012 - 20:37

Hi,
I believed I was in the same case with above person. Now it is time for to extend my H1B. I am now having an expired passport (Expired Mid 2011). My home country also deny me with the renew of my passport except to go back for a while.
Would there be a problem of my H1B extension?

Thanks.

Phil's picture

I do not handle a lot of H1B

by Phil - 01/30/2012 - 00:33

I do not handle a lot of H1B petitions. However, if I recall correctly you do not need a valid passport to apply for an H1B or an extension of an H1B. To be sure, I would suggest that you look over the instructions on Form I-129 under the H1B section and look over what documents are required. I would also look at the instructions on . I doubt you need a valid passport for the H1B but I'm not sure.

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