RFE on H4, Indian passport expiring in few days

[new_mom]

Hi,

     My husband's H1 has been approved till 2016 end while I received an RFE on H4. We have been waiting for the documents to arrive as it was kind of mandatory  to prove my legal status in US , to get the Indian passport renewed. Didnot expect an RFE on H4 and hence the added delay of 30 days to hear from USCIS.

Meanwhile my Indian passport expires on 12 Feb 2014.

 

Questions:

(1) I understand that I am not illegal in the country as my case has been applied for and we are waiting for USCIS to respond. Is this correct?

(2) As I wait for my H4 decision to come, my passport would expire. Is it illegal for me to stay in US with expired Indian passport as that is the most imp and right now the only identification proof I have?

 

 

Please guide.

 

Thanks!

[pontevecchio]

1. Yes.

2. No