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Kimoxin

Form I-130, Beneficiary's Entry Information - Old or New Passport

By Kimoxin in Adjustment of Status from Work, Student, & Tourist Visas

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Kimoxin Newbie

Kimoxin   0

Posted
Filed: H-1B Visa Timeline
Posted

Hi everyone, 

 

I entered the US a few years ago as a student, and since then my status is changed to H1B and I have renewed my passport in the US (without leaving the US). On Form I-130, in the "Beneficiary's Entry Information" section, it asks for the passport number. This is the confusing part, this section is about the "Entry" information, also in the I-130 instruction is says "....enter either the passport or travel document information in the appropriate space on the petition, even if the passport or travel document is currently expired." Now my question is should I enter my expired passport number that I used to enter the US, or the new one that is valid but I have not used to enter/leave the US yet?

 

I asked the same question on another website and two lawyers responded that I need to use the information from my expired passport. On the same website, for a similar question, a couple of lawyers mentioned that the new unexpired passport should be used. I have also found different opinions on this website. I would appreciate if someone could help me with my question. 

 

 

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Dashinka Grand Master

Dashinka   24,525

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Filed: Citizen (apr) Country: Russia
 Timeline
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Personally, I think you need to use the expired passport number since that will match the I94 and since you have not used the new passport for an entry.

 

Good Luck!

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Kimoxin Newbie

Kimoxin   0

Posted
Filed: H-1B Visa Timeline
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Thank you both for your replies. I have a new I 94 as well, which is the one I received when I got my H1B. The I94 I can retrieve from CBP is for when I was a student and entered the US. Of course the expiration date says D/S. My new I-94 (associated with my H1B) has an expiration date some time in 2022. So if I use my old passport number, should I write "D/S" as the expiration date of my I-94, or the data shown on my new I-94 (which is related to H1B and was issued while I was residing in the US)?

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