Passport expiration: H1B visa stamping (Please advice!!!)

[Biochemist]

Dear friends/seniors/moderator,

Please advice!

My passport expires (after 10 yr period) in Mid November, 2009. I have planned my trip to India at the end of Dec 1st week, 2008. I plan to appear for H1B visa stamping (1st time) around Dec 2nd week. I want to take an appointment for the visa around Nov 2nd/3rd week so that I can try and obtain an interview date for Dec 2nd week.

According to what I have read at few information resources, I wont be able to get the H1 stamping for 2/3 yrs duration if the passport expires by Nov 2009. They will probably stamp the duration only until Nov, 2009.

So, my question is can I reserve an appointment with the old passport? and try and get a passport (under tatkal category) before I leave for India. I am not sure how does it work? Two passports and what to take and what to do?

Please advice! thanks in advance..

[txh1b]

According to what I have read at few information resources, I wont be able to get the H1 stamping for 2/3 yrs duration if the passport expires by Nov 2009. They will probably stamp the duration only until Nov, 2009.

That is not true.

[Biochemist]

for txh1b

Thanks txh, but the reason I am still confused is, based on the information from this site itself,
check this link,

https://www.immihelp.com/passport-for-usa-visa-or-immigration/

"For nonimmigrant visa applicants, you are required to have a passport valid for travel for atleast 6 months beyond your date of intended stay into the US.
However, there are many countries exempt from this rule and are required to have the passport validity only for the duration of their stay in the US. Otherwise, the person will be admitted into the US only until the date on which the passport expires[/COLOR]."

Please advice..

[txh1b]

You asked about visa issuance in your original post.

The visa will be issued as per the I797. At POE, a few officers give the I-94 till DOE of passport if they notice. You can get the PP renewed and enter again using the visa from a neighboring country.

The 6 month rule is exempt for India.

If you are concerned, you can get the PP renewed 1 year before it expires. The old passport will remain canceled and the visas in old PP remain valid. You just have to carry both PP.

[Biochemist]

for txh1b

Sorry I mixed up. Yes! it makes perfect sense.

Just couple of questions under two scenarios,

(1) If I reserve my visa appointment using the old passport, and anyways get a new passport by the time I leave for India by December. How does the stamping work than ? will they stamp on the new passport or the old one (with which I reserved my visa appointment)?

(2) If I just go with my old passport (and not bother to renew until I return in Jan), assuming the POE officer checks my passport expiry date and gives me an I-94 until DOE of old passport. Assuming I get my new passport after I return to US and if I follow your suggestion of visiting a neighboring country before the deadline on I-94. When I get back into US, will the POE officer will issue me a new I-94 with DOE in reference to the new passport expiry date. RIGHT?

Thanks for advice! You have been a great help.

You asked about visa issuance in your original post.

The visa will be issued as per the I797. At POE, a few officers give the I-94 till DOE of passport if they notice. You can get the PP renewed and enter again using the visa from a neighboring country.

The 6 month rule is exempt for India.

If you are concerned, you can get the PP renewed 1 year before it expires. The old passport will remain canceled and the visas in old PP remain valid. You just have to carry both PP.

[txh1b]

a. You should handover both passports at the visa interview and they will issue the visa in the new passport. Like I said earlier, old PP will have a canceled stamp on it. Passport renewal in US is far more easier than in India. get it done here.

b. Yes. You should ask for it.

[PrasanthC]

H1 is getting stamped -Please advice

Hi ,

My old passport will expire on Nov 22 2012 , and now the problem is different ,I am getting visa stamped into the old passport. Because of some reason I cant renew it now (address proof problem) .

my question is can I stamp my visa into my old passport , then later after april 2012 I will apply for new one . so this will make any effect on my visa stamped in the old passport ?Please advice .

[shervin143]

My old passport will expire on Nov 22 2012 , and now the problem is different ,I am getting visa stamped into the old passport. Because of some reason I cant renew it now (address proof problem) .

my question is can I stamp my visa into my old passport ,
>>> Yes. Visa (if approved) will very well be issued only till the passport expiry date. Also, irrespective of the petition expiry date, the I-94 can be issued only till the passport expiry date in which case you either need to file the extension before that I-94 expires or leave the country and return back on a renewed passport and valid H1B visa.

then later after april 2012 I will apply for new one . so this will make any effect on my visa stamped in the old passport ?
>>> Visa is only an entry document to U.S. You need a valid visa only to enter U.S. If you renew your passport later, you can still enter U.S with the visa on the old passport by carry both the passports. The visa in the old passport will remain valid even if the passport is cancelled. If you apply for a visa again when the old one is still active, then they will cancel the old visa and will issue you the new one. You have to carry both the passports.