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H1b Stamping with 4 months about to valid Passport

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  • H1b Stamping with 4 months about to valid Passport

    I have my passport valid till 2023 April. I am going for H1b drop box in December 2022. Will there be any issues for stamping

  • #2
    What country's passport is it? Are you going to get a new passport?

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

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    • #3
      Indian Passport. Please let me know the options I have.

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      • #4
        India is in the 6-month club. This means that you can enter the US on a nonimmigrant visa on an Indian passport if there is any length of validity left on the passport (6 months is not required), and they will admit you with an I-94 that expires on your passport's expiration date. US consulates can technically issue a visa on your passport if there is any length of validity left, though they might not if it is too short (I think 4 months should be okay):
        b. (U) As passports issued by the countries listed in paragraph f below meet the requirements of INA 212(a)(7)(B)(i)(I) until the date shown for expiration, you could issue a visa at any time prior to that date. However, such action might not be practical when only a very narrow margin of time remains.
        However, like I said above, even if you get the visa, if you try to enter the US on that expiring passport, without getting a new passport, you will only be admitted for the few months until your passport expiration. Then either your company would have to file an extension for you, or you would have to leave the US and re-enter with a new passport. If you get a new passport before you enter the US, you can enter the US with the new passport plus your visa in the old passport, without needing to get a visa in the new passport, and your admission period will not be limited by the old passport's expiration.

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

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