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H1B Visa Stamping with passport expiring in a year

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  • H1B Visa Stamping with passport expiring in a year

    Hi,

    I'm slightly confused about my current situation and have looked around this website to find an answer. Although, I've found people facing this related issue, I haven't seen a clear answer to this.

    I've been working in the US on an H1B visa which expired in 09/2016. My employer filed for an extension and I've got an I797 that's valid until 09/2019 now. I'm looking to set up a visa appointment for 12/2015 or 01/2016 but I came across an FAQ on the ustraveldocs website stating that you "must possess a passport valid for travel to the United States with a validity date at least six months beyond your intended period of stay in the United States". My passport expires on 6 Nov 2017. It is my intention to stay in the US on my H1B until Sep 2019 as per my I797. The language on the website suggests that I'd need a passport that doesn't expire until at least May 2020. But, I've also read elsewhere that the passport just needs to be valid for at least 6 months from the visa appointment date.

    What's the correct interpretation here? If I went ahead with my visa appointment as planned will I get an H1B that expires September 2019 as per my I797 validity, or will my passport's expiration have an impact on this? Also, has anybody faced this issue in the past? If so, what was your experience?

    Thanks,

    Parteesh

  • #2
    Originally posted by parteesh View Post
    Hi,

    I'm slightly confused about my current situation and have looked around this website to find an answer. Although, I've found people facing this related issue, I haven't seen a clear answer to this.

    I've been working in the US on an H1B visa which expired in 09/2016. My employer filed for an extension and I've got an I797 that's valid until 09/2019 now. I'm looking to set up a visa appointment for 12/2015 or 01/2016 but I came across an FAQ on the ustraveldocs website stating that you "must possess a passport valid for travel to the United States with a validity date at least six months beyond your intended period of stay in the United States". My passport expires on 6 Nov 2017. It is my intention to stay in the US on my H1B until Sep 2019 as per my I797. The language on the website suggests that I'd need a passport that doesn't expire until at least May 2020. But, I've also read elsewhere that the passport just needs to be valid for at least 6 months from the visa appointment date.

    What's the correct interpretation here? If I went ahead with my visa appointment as planned will I get an H1B that expires September 2019 as per my I797 validity, or will my passport's expiration have an impact on this? Also, has anybody faced this issue in the past? If so, what was your experience?

    Thanks,

    Parteesh
    This is generally not applicable in your case unless of course there is a significant change in appearance in last 9 years since your about to expire passport photo.
    You most likely will get the visa till petition end date, provided other things such as client letter etc are in order.

    This is my opinion not legal advice.

    Comment


    • #3
      Originally posted by raghvi View Post
      .. Snip.. provided other things such as client letter etc are in order. .. snip..
      I have seen this comment from you here on another thread as well.
      What do you mean by client letter? I am trying to understand if this is something I might need.
      I work for company ABC in the US and I do not interface with any of my employers clients.

      Thanks!
      ~Uranium243

      Comment


      • #4
        Originally posted by Uranium243 View Post
        I have seen this comment from you here on another thread as well.
        What do you mean by client letter? I am trying to understand if this is something I might need.
        I work for company ABC in the US and I do not interface with any of my employers clients.

        Thanks!
        ~Uranium243
        Many employees work through their employer for an end client in that case USCIS/Consulate would want to see a letter from the end client stating that they have a requirement for your skill set.

        In case you work for the employer and not for an end client, a detailed description of your work and why it is specialized, along with the employment letter should be good enough.

        This is my opinion not legal advice.

        Comment

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