My Passport will be expired in one year and for how long i will get H1b Stamping?

[krishjavainfo]

Hi,
My passport will be expired in one year and i have scheduled appointment for h1b stamping(1st time) now. My petition is valid for 3 years. can you please tell me, for how long i will get h1b visa(either 3 years or 1 year).

Thanks.

[raghvi]

Hi,
My passport will be expired in one year and i have scheduled appointment for h1b stamping(1st time) now. My petition is valid for 3 years. can you please tell me, for how long i will get h1b visa(either 3 years or 1 year).

Thanks.

Petition, Visa, and I-94 are three different things.

Petition decides till when you can request for a visa.
Visa decides till when you can enter US.
I-94 decides till when you can stay in US.

Passport expiry would not influence the visa expiry date, so you should typically get 3 Years(your other documentation should also be consistent with 3 Years petition expiry).

As of I-94, which you get while entering US, you would most probably get it only till your passport expiry, even if you have a visa/petition valid for 3 Years. So, you would have to get passport renewed before passport expiry, and then request for i-94 extension.

This is my opinion not legal advice.

[krishjavainfo]

Petition, Visa, and I-94 are three different things.

Petition decides till when you can request for a visa.
Visa decides till when you can enter US.
I-94 decides till when you can stay in US.

Passport expiry would not influence the visa expiry date, so you should typically get 3 Years(your other documentation should also be consistent with 3 Years petition expiry).

As of I-94, which you get while entering US, you would most probably get it only till your passport expiry, even if you have a visa/petition valid for 3 Years. So, you would have to get passport renewed before passport expiry, and then request for i-94 extension.

This is my opinion not legal advice.

Thank you very much. Lets assume, i got stamping valid for 3 years and for some reason i could be able to travel right away and i have renewed my passport(i will get new passport with new number). do i need to go for stamping again if i want to travel?

[raghvi]

Thank you very much. Lets assume, i got stamping valid for 3 years and for some reason i could be able to travel right away and i have renewed my passport(i will get new passport with new number). do i need to go for stamping again if i want to travel?

No need to go for re stamping. A visa is valid even if the underlying passport is expired/ renewed. You would be carrying both the passports, when you travel. Do ensure the passport authorities return the old passport while issuing a new one.

This is my opinion not legal advice.

[krishjavainfo]

No need to go for re stamping. A visa is valid even if the underlying passport is expired/ renewed. You would be carrying both the passports, when you travel. Do ensure the passport authorities return the old passport while issuing a new one.

This is my opinion not legal advice.

Hi,
Is there any time limitation in regards to travel? i mean something like 6 months before passport expiry date i should travel. For visa it is 6 months validity required for passport.

[raghvi]

Hi,
Is there any time limitation in regards to travel? i mean something like 6 months before passport expiry date i should travel. For visa it is 6 months validity required for passport.

I dont think there is such a restriction for US travel.

This is my opinion not legal advice.

[ramradhe]

Need advise

I dont think there is such a restriction for US travel.

This is my opinion not legal advice.

Hello guys,

my passport expiring on July 15th 2016

I have approved H-1b till Sept 2018

i'm going to India for stamping (eligible for drop box ) on Nov 15th and will be back in USA on Dec 20th 2015

My questions are:

1. do I need to renew my passport

2. If I get stamped and at port of entry I-94 restricts till July 2016, do i need to step out of country after getting new passport

thanks for your help.