I am in the USA on H1B visa of 1 yr expiring Oct 2015.
Employer will start renewal process soon.
Current Venezuelan passport is expiring about the same time as H1B visa, about ten days before, Oct 2015.
Have already started new passport process with Venezuela consulate in Houston; but might take between 6 months to a year due to country consulate lacking resources and I could not ask for a new passport sooner.
Can the new or renewed Visa be stamped on the current passport? What are my options if not?
I don't plan on leaving the USA for travel.
Visas are only good for travel. You employer will be extending your status, not getting a new visa. While in the US you only need valid status, not a valid visa. Normally CIS will ignore the passport in this situation if it is just an extension. Obviously if you do need to travel later you will need a valid visa and for that you need a valid passport. I assume your current immigration attorney has explained all of this to you.
I disagree with the previous answer. You will need a valid national passport when applying for any non-immigrant type benefit with USCIS, and that certainly includes the extension of your current status. In fact, regulations require your passport to be valid for at least 6 months beyond the extension period you will be requesting.
If my answer is the "BEST ANSWER" and/or "HELPFUL" please mark it accordingly. Fluent in 7 languages. Certified Specialist in U.S. Immigration & Nationality Law, The State Bar of California, Board Of Legal Specialization. 22 years of successful immigration law experience. The answer above is only general in nature cannot be construed as legal advice, given that not enough facts are known. It is your responsibility to retain a lawyer to analyze the facts specific to your particular situation in order to give you specific advice. Specific answers will require cognizance of all pertinent facts about your case. Any answers offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship.
Well. Both colleagues are correct. The regulations do require that a nonimmigrant maintain validity of the passport at all time during the nonimmigrant stay in the USA. The "six months beyond "requirement applies to a visa not status. Also CBP will refuse to issue a status period for longer than the validity of the passport. However, to seek an extension of a nonimmigrant status with USCIS, you need not have to have a valid passport, just an explanation. This is what the instructions to the very form you will need to file - I539, say about it:
Valid Passport. If you were required to have a passport to be admitted into the United States, you must maintain the validity of your passport during your nonimmigrant stay. If a required passport is not valid when you file Form I-539,
SO you see, instead of rushing to the Internet to post questions on free forums, all you needed to do was to read the instructions to the form you want to file.
The information contained in this answer is provided for informational purposes only, and should not be construed as legal advice on any subject matter,not should it be viewed as establishing an attorney client relationship of any kind.
Our Rating is calculated using information the lawyer has included on their profile in addition to the information we collect from state bar associations and other organizations that license legal professionals. Attorneys who claim their profiles and provide Avvo with more information tend to have a higher rating than those who do not.What determines Avvo Rating?Experience & background
Years licensed, work experience, educationLegal community recognition
Peer endorsements, associations, awardsLegal thought leadership
Publications, speaking engagementsDiscipline