Renewal of passport with new H-1B stamp before and after return to U.S.A

[sanjaysinha84]

My current Indian passport is expiring on 9/15/2016. I am going to take vacation and visit India from 1/25/2016 to 3/9/2016. I am planning to apply for a NEW passport when I go to India on 1/25/2016. My current H-1B visa and hence my I-94 expired on 12/16/2015. But my new H-1B visa got approved until 9/1/2018.So I will need to go for H-1B visa stamping when I go to India on 1/25/2016 and get it stamped on my current passport which expires on 9/15/2016. When I depart from India on 3/9/2016, I plan to carry both my NEW passport and my current passport. I have 2 queries based on this situation. I asked my lawyer but she is not aware what the current law is for below 2 queries:
(1) When I return to U.S on 9/15/2016,Will the immigration officer at port-of-entry stamp I-94 with expiry date of my current passport which is 9/15/2016 OR he will take into account the expiry date of my NEW passport and hence stamp I-94 with validity of my I-797 which is 9/1/12018?
(2) If I apply for my Indian passport after returning U.S.A on 3/9/2016 and visit U.S Customs and Border Protection office in Texas, will they stamp I-94 on my NEW passport with validity until the expiry of my I-797?

[shervin143]

(1) When I return to U.S on 9/15/2016,Will the immigration officer at port-of-entry stamp I-94 with expiry date of my current passport which is 9/15/2016 OR he will take into account the expiry date of my NEW passport and hence stamp I-94 with validity of my I-797 which is 9/1/12018?
>>> Your I-94 can be issued until the visa expiry date or H1B petition expiry date or the passport expiry date (new passport of course) whichever happens first. Your problem is, when appear for the visa interview, since your passport will expire in less than a year, the VO may issue you a visa only till the passport expiry date. In that case, your I-94 will also be issued only till the visa expiry date even though you may have a passport that is renewed.

(2) If I apply for my Indian passport after returning U.S.A on 3/9/2016 and visit U.S Customs and Border Protection office in Texas, will they stamp I-94 on my NEW passport with validity until the expiry of my I-797?
>>> There is no guarantee. That is a chance that you will have to take. If they refuse to extend your I-94, then your employer will need to file an extension again or you should leave and return back after getting the visa stamped again.

The best option is to file passport renewal in U.S (pay extra for expedited processing since you do not have much time) and leave the country with the renewed passport.