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  • Passport validity while entering to the USA

    Hi,
    I am currently on H1B (expiring July 2023) and traveling to India soon. I need to go for visa stamping along with my family in India before I come back to the USA. My family has a passport validity till Nov'22 but our I-797 is till July 2023. My question is, do I need to be of any concern while stamping visa? Is there any concern while coming back to USA at POE accept chances are they won't extend stay beyond passport validity?

    TIA !!

  • #2
    Why do you need to travel to India?

    The length of visa validity won't be affected by length of passport validity, but the I-94 they give you at entry will expire no later than when your passport expires.

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

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    • #3
      Thanks for the reply. Can you share any details on the process to extend the i-94 after the passport get renewed? I can request the renewal while in India but since I submitted DS-160, not sure if I can able to update that with new passport.

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      • #4
        Will you have the new passport at the time you enter? If so, they will admit you until the expiration of your H1b petition.

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

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        • #5
          Yes. I am expecting passport to be renewed while my stay in India and can present at POE during my return to the states. Also, is it fine to update DS-160 with new passport before I appear for interview?

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