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
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