eH 1B transfer but Passprt expired one month ago

[BabuDEVUDU]

Posting for a friend.

One of my friends is about to transfer her H1B visa to a new company and while providing the required documents to the new company's legal team for H1B transfer, she realized that her passport expired a month ago. She is not sure how this will impact her H1B transfer process. She is yet to inform the new company's legal team about this. Please provide your valuable suggestions on what would be the consequences. Can she go ahead with the H1B transfer as her current I797 form is valid until next year end. She will be applying for new passport asap, but she is just worried what impact the expired passport gonna have on the H1B transfer.

[CompetitiveWin1111]

An expired passport can cause issues with an H1B transfer, but the situation is manageable. Here's what your friend needs to know:

1. H1B Transfer and Expired Passport:
   USCIS requires a valid passport for H1B petitions. If the passport has expired, the transfer petition may face delays or even a Request for Evidence (RFE).

2. Action Steps:

   • Apply for a New Passport ASAP: Start the renewal process immediately to get a valid passport as soon as possible.
   • Inform the Legal Team: Let the new company's legal team know about the expired passport. They can advise whether to proceed with the H1B petition now or wait until the new passport arrives.

3. Impact on Current I-797:
   Your friend's I-797 approval notice remains valid until its end date, but a valid passport is needed for the H1B transfer approval and for travel.

4. USCIS’s Likely Response:
   If the transfer is filed with the expired passport, USCIS may issue an RFE asking for the new passport details. Resolving this quickly with the new passport avoids further complications.

Conclusion: Your friend should immediately inform the legal team and apply for a new passport. The transfer can still proceed, but timely renewal of the passport is key to preventing delays. If needed, consult an immigration attorney for further guidance—Casewise.ai Lawyer database can help find experienced professionals.