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Passport exiring...need H4 stamping

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  • Passport exiring...need H4 stamping

    Hi,

    My current Indian passport is expiring in Nov 2017. I have got my H4 visa extension till Aug 2018. I am travelling to India in the month of March and coming back on June 1 to USA. I need to get my H4 stamped before coming back.

    Can I go for H4 visa stamping in my old passport? In this case will I get H4 visa stamped till my passport expiry date or till my I94 approval date.

  • #2
    You can get the visa (what you call visa stamping) in the old passport as long as the passport hasn't expired yet. The visa's validity will be until your spouse's H1b petition expiration (which should happen to be the same as the I-94 you got when you did extension of status in the US as that was also based on your spouse's H1b petition validity). However, if you enter the US on your old passport, you will only be admitted until your passport's expiration. Then you will either need to apply for extension of status in the US again, or leave and re-enter the US on your new passport.

    This is my personal opinion and is not to be construed as legal advice.

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    • #3
      Originally posted by newacct View Post
      You can get the visa (what you call visa stamping) in the old passport as long as the passport hasn't expired yet. The visa's validity will be until your spouse's H1b petition expiration (which should happen to be the same as the I-94 you got when you did extension of status in the US as that was also based on your spouse's H1b petition validity). However, if you enter the US on your old passport, you will only be admitted until your passport's expiration. Then you will either need to apply for extension of status in the US again, or leave and re-enter the US on your new passport.
      Thanks for ur reply. I am planning to get my new passport made before coming back to USA. Since I was thinking to go for stamping with my husband, I will have to get the visa stamped on passport expiring in Nov 17.

      If I enter US in June with visa stamped on my old passport and a new passport(without US visa), will I be good to stay till I have the visa?

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      • #4
        Originally posted by agar02 View Post
        If I enter US in June with visa stamped on my old passport and a new passport(without US visa), will I be good to stay till I have the visa?
        Then you will be admitted until your spouse's H1b petition expiration, since you are no longer limited by the passport's expiration.

        This is my personal opinion and is not to be construed as legal advice.

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