Urgent! Travelling to US on H1B visa, passport valid only for 3 months

[Suyog Mapara]

Hi guys

I am travelling to US in 2 days. I have been working in US on H1B visa for few years and which is valid for more than an year. But my passport is expiring in next 3 months. Would you know if immigration will allow that? I read somewhere in the forums that India is exempt from 6 months rule. Is it really the case?

[newacct]

What is the country of your passport?

[Suyog Mapara]

India

[newacct]

You can enter the US but you will only be admitted until your passport's expiry (only for about 3 months). After you renew your passport, you have two options:
1) Leave the US and re-enter, or
2) Have your employer apply for H1b extension for you

[Suyog Mapara]

Thanks for the quick reply. I do not follow how H1B extension is related to this situation. I already have valid H1B for more than an year. Can you please clarify?

[newacct]

Because you need an H1b extension of status. Although you don't need an extension of the petition, and only need extension of status, the only way to apply for H1b extension of status is for the employer to file I-129, which is the same form they would use to apply for extension of the petition.