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Is Passport renewal required for travel to US with expiry date in 2 month(s)

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  • Is Passport renewal required for travel to US with expiry date in 2 month(s)

    My wife's passport is due to expire in April 2015. She is planning to come back to USA in Feb 2015. Few questions in this regard -

    - I heard that the airline when boarding from India require the passport to be valid for 6 months before the travel. Is this true?
    - Does port of entry in US require her passport to be valid for more than 6 months? H4 visa on her passport is valid till July 2015.
    - How much time does it take for the Passport seva kendram to issue a renewed passport? Could we be eligible to apply for a tatkal passport renewal?

    Thanks,
    Dinesh.

  • #2
    Originally posted by Dinesh Ravva View Post
    My wife's passport is due to expire in April 2015. She is planning to come back to USA in Feb 2015. Few questions in this regard -

    - I heard that the airline when boarding from India require the passport to be valid for 6 months before the travel. Is this true?
    - Does port of entry in US require her passport to be valid for more than 6 months? H4 visa on her passport is valid till July 2015.
    - How much time does it take for the Passport seva kendram to issue a renewed passport? Could we be eligible to apply for a tatkal passport renewal?

    Thanks,
    Dinesh.
    - I dont think that is true.
    - No. But she will mos tlikely get I-94 only till April 2015 even if visa is valid till July 2015.
    - Cant say for sure, but yes, you can apply in tatkaal while in India.

    This is my opinion not legal advice.

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    • #3
      Would I-94 be given only till April 2016? I have another problem. She has visa stamped till July 2016 with my previous employer. We have not applied H4 yet with my current employer. It looks I would have to get the passport renewed here in March after she comes back in February end. Is it possible to get the visa here from SFO with in a month? Should we be get the new I-797 before her I-94 expiry or is it okay to just apply for H4 before I-94 expiry?

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      • #4
        Originally posted by Dinesh Ravva View Post
        Would I-94 be given only till April 2016? I have another problem. She has visa stamped till July 2016 with my previous employer. We have not applied H4 yet with my current employer. It looks I would have to get the passport renewed here in March after she comes back in February end. Is it possible to get the visa here from SFO with in a month? Should we be get the new I-797 before her I-94 expiry or is it okay to just apply for H4 before I-94 expiry?
        Sorry for the typo. Yes, I meant I-94 will only be given till April 2016.

        H4 is not tied to employer, so she need not apply for H4 for new employer, but yes, in order to get I-94 to match your I-94, an extension would have to be applied.

        You cannot get a new visa while in US. A visa is given only at a US consulate outside US.

        If you do not wish to extend her passport while in US prior to her travel here is what I suggest you do.

        -Let her travel as it is. Upon return, she would show her current passport with current visa and your latest I-797. In most likelihood she would get I-94 till April 2016.
        -As soon as she returns to US, apply for passport extension as Indian consulate. If there is not enough time, go for tatkaaal option.
        - Once passport is renewed, go to nearest CBP office and see if they would extend her I-94 till your I797. They may not oblige as her H4 visa is valid only till July 2016.
        - If they do not extend I-94 at CBP office, apply Extension of status using form I539. Do ensure you apply before her I-94 expiry (April 2016).


        This is my opinion not legal advice.

        Comment

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