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Will the visa officer stamp the visa?

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  • Will the visa officer stamp the visa?

    I have 3 years H1b visa approval, valid starting from July 1st 2017 (I-797). My passport expires on December 5th, 2017. I will get a new passport before travelling to USA, but I will not be able to get the visa stamped in the new passport.

    I have appointment in the consulate. Will the visa officer stamp the visa in expiring passport? Can I travel enter USA with both old expiring passport (with a valid visa) and a new passport (without visa, but valid for 10 years)? I thought that the answer to both question is yes.

    However, when I scheduled appointment at the consulate, the following was written in the list of the documents:

    1. Current Passport valid for travel to the United States. The passport must be valid for at least six months beyond the period of stay in the United States (unless exempt by country-specific agreements.)

    This looks strange, since I could have passport expiring on December 5th, 2018. According to the above statement I would not be able to get a visa. But I would also not be able to get a new passport, since it would still be valid for 1.5 years.

  • #2
    Originally posted by economistre View Post
    I have 3 years H1b visa approval, valid starting from July 1st 2017 (I-797). My passport expires on December 5th, 2017. I will get a new passport before travelling to USA, but I will not be able to get the visa stamped in the new passport.

    I have appointment in the consulate. Will the visa officer stamp the visa in expiring passport? Can I travel enter USA with both old expiring passport (with a valid visa) and a new passport (without visa, but valid for 10 years)? I thought that the answer to both question is yes.

    However, when I scheduled appointment at the consulate, the following was written in the list of the documents:

    1. Current Passport valid for travel to the United States. The passport must be valid for at least six months beyond the period of stay in the United States (unless exempt by country-specific agreements.)

    This looks strange, since I could have passport expiring on December 5th, 2018. According to the above statement I would not be able to get a visa. But I would also not be able to get a new passport, since it would still be valid for 1.5 years.
    The passport expiry requirement is not for this case. You can travel with old passport having valid visa, and new passport not having visa. Show both at the time of entry to US.

    This is my opinion not legal advice.

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