Passport expiring in 2 years and H1B stamping due

[Pratap111]

Hi,
I have applied H1B this year and petition got approved (after clearing RFE). Now next step is to proceed with visa interview schedule (after DS160 and all process). My concern is that my passport is valid till 2016 and as per LCA my intended period of employment is till 2017. As per immihelp, passport should be valid for 6 months from your arrival date in US. It is mentioned here: https://www.immihelp.com/us-visa-ds-...t-information/

As per UStraveldocs.com, passport must be valid for min 6 months beyond your intended stay. In my case intended stay might be 3 years (as per LCA period of employment). See below from ustraveldocs
"A passport valid for travel to the United States with validity dates at least six months beyond your intended period of stay in the United States (unless country-specific agreements provide exemptions)"

Can anyone confirm that
1. In case if I proceed with current passport, whether my visa may be rejected just because of expiry date of my passport is less than my intended employment period?
2. Or I should renew my passport now, and then schedule an interview? In such case, I am not sure if passport renew is possible as it is still 2 years to expire.
3. Or should I work with my employer for employment period of 1 year so that it satisfies ustraveldocs condition?

Please advise. Really appreciate your quick help.
Thanks

[raghvi]

Hi,
I have applied H1B this year and petition got approved (after clearing RFE). Now next step is to proceed with visa interview schedule (after DS160 and all process). My concern is that my passport is valid till 2016 and as per LCA my intended period of employment is till 2017. As per immihelp, passport should be valid for 6 months from your arrival date in US. It is mentioned here: https://www.immihelp.com/us-visa-ds-...t-information/

As per UStraveldocs.com, passport must be valid for min 6 months beyond your intended stay. In my case intended stay might be 3 years (as per LCA period of employment). See below from ustraveldocs
"A passport valid for travel to the United States with validity dates at least six months beyond your intended period of stay in the United States (unless country-specific agreements provide exemptions)"

Can anyone confirm that
1. In case if I proceed with current passport, whether my visa may be rejected just because of expiry date of my passport is less than my intended employment period?
2. Or I should renew my passport now, and then schedule an interview? In such case, I am not sure if passport renew is possible as it is still 2 years to expire.
3. Or should I work with my employer for employment period of 1 year so that it satisfies ustraveldocs condition?

Please advise. Really appreciate your quick help.
Thanks

I would say you are worrying excessively. The 6 Month rule that you are quoting is a misconception, there is no such requirement for your visa.
1. Go ahead with the current passport, if your petition is for 3 Years it most likely means if VO finds everything fine, you would get visa for 3 Years.
2. No need to do so, as you rightly pointed out you cannot renew it now.
3. Dont complicate it, go ahead with the existing passport, you are fine.

This is my opinion not legal advice.

[Pratap111]

Thanks Raghvi for your quick response.
Can you please also advise whether I can select any consulate for stamping? FYI - I have yet not started my DS160. Regarding my stay, presently I am in Bangalore (from last 2+ yrs) and my passport is from Maharashtra (FYI - I had L1 in past from Mumbai Consulate). I have seen contradicting statements (about selecting consulate) in multiple sites. Due to easy commute I prefer Chennai (not sure about probability of successful stamping)

Your advise is really appreciated.

I would say you are worrying excessively. The 6 Month rule that you are quoting is a misconception, there is no such requirement for your visa.
1. Go ahead with the current passport, if your petition is for 3 Years it most likely means if VO finds everything fine, you would get visa for 3 Years.
2. No need to do so, as you rightly pointed out you cannot renew it now.
3. Dont complicate it, go ahead with the existing passport, you are fine.

This is my opinion not legal advice.

[vlnnikhil]

Hi,
I have applied H1B this year and petition got approved (after clearing RFE). Now next step is to proceed with visa interview schedule (after DS160 and all process). My concern is that my passport is valid till 2016 and as per LCA my intended period of employment is till 2017. As per immihelp, passport should be valid for 6 months from your arrival date in US. It is mentioned here: https://www.immihelp.com/us-visa-ds-...t-information/

As per UStraveldocs.com, passport must be valid for min 6 months beyond your intended stay. In my case intended stay might be 3 years (as per LCA period of employment). See below from ustraveldocs
"A passport valid for travel to the United States with validity dates at least six months beyond your intended period of stay in the United States (unless country-specific agreements provide exemptions)"

Can anyone confirm that
1. In case if I proceed with current passport, whether my visa may be rejected just because of expiry date of my passport is less than my intended employment period?
2. Or I should renew my passport now, and then schedule an interview? In such case, I am not sure if passport renew is possible as it is still 2 years to expire.
3. Or should I work with my employer for employment period of 1 year so that it satisfies ustraveldocs condition?

Please advise. Really appreciate your quick help.
Thanks

Hello Pratap,

I am also in same situation. Did you go for stamping? If so what is the result? did you get stamping for 3 years or to your passport expiry date....Appreciate your early reply...even I am planning for stamping in Dec 2014.

Can anyone share their experience if you were in same situation and what is the results...

Thanks

[raghvi]

As long as your passport is valid for a decent duration, at the time of stamping and other parameters are fine you would most likely get visa till petition date mentioned in I797.

This is my opinion not legal advice.

[snehanew]

Hello Pratap,

I am also in same situation. Did you go for stamping? If so what is the result? did you get stamping for 3 years or to your passport expiry date....Appreciate your early reply...even I am planning for stamping in Dec 2014.

Can anyone share their experience if you were in same situation and what is the results...

Thanks

1. In case if I proceed with current passport, whether my visa may be rejected just because of expiry date of my passport is less than my intended employment period-No,but still u can check with US TRAVEL DOCS
2. Or I should renew my passport now, and then schedule an interview? In such case, I am not sure if passport renew is possible as it is still 2 years to expire-If you are indian as per external affairs ministry you can only renew only when it's validity is less than 1 year.
3. Or should I work with my employer for employment period of 1 year so that it satisfies ustraveldocs condition?-No

[meg1987]

passport expiring before H1-B validity

Hello Pratap,

I am also in same situation. Did you go for stamping? If so what is the result? did you get stamping for 3 years or to your passport expiry date....Appreciate your early reply...even I am planning for stamping in Dec 2014.

Can anyone share their experience if you were in same situation and what is the results...

Thanks

Hi Nikhil,
I am in the same situation now.. were you able to get a h1-b visa for full three years? Thanks!

[desigirl123]

Hi
I am in similar situation. Can somebody share what happened when they went for visa stamping? Did they get the visa stamped for 3 years? Or only till the passport is valid?

BTW - I am planning to go to Canada for stamping