India Passport Expire Issue in USA

Hi All,
I am on H1B visa and my visa expired on Nov 27th 2015 my company applied for my visa extension under normal processing and the visa status is still pending for approval.

But my passport is going to expire in Jan 25th 2016. So I applied for new passport with BLS international NY
but while sending the courier back to me the package has been lost and my old and new passport has been lost with UPS.

So while applying renew my visa is valid but again as i need to apply my passport under lost category now I don't have valid visa which i need to submit no status affiditive.

But my question is even though if i apply my new passport i will not get it before my orginal passport which is already lost.

1)My current I-94 is already expired and my H1B extension is pending.
2)I lost my passport.

Am I legally eligible to stay in USA..?

what are steps i need to take care without effecting my status.



Well-Known Member
Yes, you are authorized to stay in the US as long as your Extension of Status is pending. (And once it is approved you can stay as long as you are in H1b status and within the period of the new I-94.) Your passport is not relevant to this.