Can I539 be refiled with new passport details

USA L1, L2 Visa
1

Hi,

I have applied for my H1B extension by normal processing in September 2015. At the same time I applied for H4 for my dependent kid. That time I realized my son’s passport expiring in Jan 2016. I got his passport renewed by Dec 2015. By the time USCIS will start working on my case (no activity in my case so far till today) my son’s old passport has had expired already and they wouldn’t have the new passport. My questions are:

  1. Can USCIS issue RFE since my son’s passport expired already?
  2. If they issue RFE, would that be on H1B or H4?
  3. Since USCIS has not started working on my case, can I refile I539 with the new passport details now?

Appreciate your response.

2

  1. Yes

  2. It would be against kid’s H-4

  3. I assume his I-94 would have expired by now as they issue I-94 only until passport expiration date. So a new I-539 cannot be filed on expired I-94.