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Can I travel to the US w/ H1B visa expiring in 2months, passport expiring in 6 months

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  • Can I travel to the US w/ H1B visa expiring in 2months, passport expiring in 6 months

    Hi,
    I am very tensed about my situation and my new employer wants me to travel to the USA asap. It will be very kind if any one could help me with my case. My case and questions below:

    My F1 was transferred to H1B with employer ABC, validity from Oct 2011-Sept 2014. I came to India in Nov 2012, and got the H1B stamping in India with validity until Sept 2014 (i.e. with the petitioner ABC). I have been in India since then. I am currently offered a new job with employer XYZ in the US and my new H1B was approved with I797 valid until May 2017 with the employer XYZ.
    My passport is valid until Feb 23 2015, and visa stamp valid until Sept 2014.

    Questions:
    1. Do I have to go stamping again with new petitioner? Or my visa (valid until Sept 2014) and new I797 are good enough to travel to the US?
    2. As my passport is expiring by Feb 23 2015, what duration will my I-94 be given?
    3. Will I get I94 based on my new I797 or based on my visa stamp?

    It will be great if you could answer my questions as soon as possible, as my employer wants me to be in the USA immediately without any delay. Delay may jeopardize my job.

    Thanks very much in advance,

    Sincerely,
    Sandeepa

  • #2
    Originally posted by Sandeepa Garlapati View Post
    Hi,
    I am very tensed about my situation and my new employer wants me to travel to the USA asap. It will be very kind if any one could help me with my case. My case and questions below:

    My F1 was transferred to H1B with employer ABC, validity from Oct 2011-Sept 2014. I came to India in Nov 2012, and got the H1B stamping in India with validity until Sept 2014 (i.e. with the petitioner ABC). I have been in India since then. I am currently offered a new job with employer XYZ in the US and my new H1B was approved with I797 valid until May 2017 with the employer XYZ.
    My passport is valid until Feb 23 2015, and visa stamp valid until Sept 2014.

    Questions:
    1. Do I have to go stamping again with new petitioner? Or my visa (valid until Sept 2014) and new I797 are good enough to travel to the US?
    2. As my passport is expiring by Feb 23 2015, what duration will my I-94 be given?
    3. Will I get I94 based on my new I797 or based on my visa stamp?

    It will be great if you could answer my questions as soon as possible, as my employer wants me to be in the USA immediately without any delay. Delay may jeopardize my job.

    Thanks very much in advance,

    Sincerely,
    Sandeepa
    1. Not required, if you are fine with getting an I-94 only till Sept 2014.
    2. Generally it is the earliest of the three date : Passport Expiry, Visa Expiry, petition expiry.
    3. You can request the officer to do so by showing your new petition, but not necessary that he/she will oblige. Even if he/she gets convinced its highly unlikely you will get I-94 beyond passport expiry.

    If you want to have the highest chances of getting I-94 till 2017, then get a new passport and new visa but dont think you have time for that.

    Even if you dont get I-94 till 2017, you can renew passport in US, and subsequently apply for I-94 extension,generally, without the need to go outside US again.

    This is my opinion not legal advice.

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