I485 application with a duplicate passport - original lost

tinkerman

Registered Users (C)
Hi all,
I had sent my Indian passport to the Department of State to get my second H1b stamp (first one expired in Sep 2003). In the meanwhile, my wife went through the naturalization process and obtained her US passport. Unfortunately, the immigration coordinator at my company messed up and forgot to put the UPS envelope required in the Visa revalidation documentation. As a result, my Indian passport was lost in the mail and I am now applying for a duplicate passport.
My question to the group is this - Can I apply for I130/I485/EAD/AP with just my I797 (indicating H1b validity until Sep 2006) and my new passport. In the documents section for the I485 it says I should submit a copy of a nonimmigrant visa if it was issued at a US consulate "abroad" within the last year. My visa was issued in the US in the last one year, but I don't have a copy of it :(. I want to avoid having to go back to India and get a new stamp before I can apply for my GC.
This situation probably needs guidance from an attorney but I wanted to see if anyone has been in this situation or has some input on this.

Your help is greatly appreciated.

-Tinkerman
 
You can include a Copy of a Police Report stating that your Passport was lost and a Copy of your Old Passport. You can mention that you had the H1-B stamping in that passport which was lost and include a copy of the I-797.
Do you have any other evidence that you had your passport stamped here in the US ? Any receipts, Money Order Copy, or Check or anything on those lines will be helpful.

That is enough evidence that you had the actual Visa Stamp in your passport.
 
I have a signed letter from my company's immigration coordinator stating that they sent my passport out for revalidation and that the visa was stamped on April 1, 2004. It also has all the details about my passport and visa approval. Is this sufficient along with the original I797 approval notice and a copy of the police report. I am going to ask them to send me the copies of the checks, etc., but I am not sure if they have those.

Thanks for you help,
Tinkerman
 
Lost Passport - Please help

I am Indian Citizen and Permanent Resident of Canada. Working here in US on H1B (Valid till Sept 2005) from last 4 Years. I lost my Passport in US Postal Mail and applying for a duplicate passport at Indian Consulate NY.
I would appreciate if anyone of you can help me to know

How much time it takes to get Duplicate Passport from Indian Consulate NY?

Is Passport No. going to be same in Duplicate Passport?

How Duplicate Passport process works?

Once I will get it can I go to Canada and do H1B stamping on Duplicate Passport at US Consulate in Canada? I have police report and xerox of original passport.

If so how much will be the fee and the mode of Payment?
Please help me.
Thanks
 
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