H-1B valid until past passport expiration

[canfanreal]

I recently got my H-1B approved, and am planning on crossing the border back into the US (from Canada, Canadian citizenship). However, my H-1B is valid for 3 years (until Oct 2012) whereas my Canadian passport is valid only until January 2012.

I've heard that they will simply give me the H-1B card until January 2012, so it matches my passport expiration date. Can someone confirm this?

Also, do I effectively "lose" those 10 months between Jan 2012 and Oct 2012, or can I get the H-1B "extended" to its original date of Oct 2012 if I renew my passport afterwards?

Thanks!

[txh1b]

It depends on the IO at POE. Some give till the DOE of the petition and some till the DOE of the passport. If the PP end date is given, you would have to either file for another extension or travel again with a renewed passport.

If your travel is for less than 30 days, you can retain the same I-94 that came with the extension and not get a new one. This would leave the date unchanged and remain as per the extension.

[canfanreal]

Thanks for the reply! So just to clarify, if I get an I-94 with my PP end date, I can do the following:

- travel back to Canada again (say, sometime next year) and renew my passport

- re-enter the US with both my old & new passport and get a new I-94 (or would it be an "extension" of sorts?) that lasts until the end of the original H-1B that was approved

Is this correct? Thanks again for the help, it's very much appreciated!

[txh1b]

Yes, you should ensure that you leave before the I-94 date expires. Can't the Canadian embassy in US issue/renew your passport?

[canfanreal]

Oh you're right, I can probably go to the embassy in the states! I didn't even think of that I'm only usually back in Canada for a couple of weeks for the holidays, and it's never long enough to apply and get the new passport sent there... so the embassy in the US is a much better idea. Thanks for the suggestion and all the help. I'm so glad there are such helpful forums like this on the net for us visa newbies!