Passport Renewal and H1B Stamping

[jkm2282]

Hello everyone - I have a question about my passport renewal. My passport is expiring in Jan 2014. Is there a specific time frame in which I have to apply for passport renewal? I heard that you can't submit the application only one year before the passport expiry. Is it true? I am not able to get any info on the websites.

Also, I have to go to India in Jan next year (getting married, yo!), and will go for H1B stamping that time. This will be my second H1B stamping. My I797 is valid till May 2014 (although the IO gave me the I94 valid till Jan 2014 since my passport expires that time). So, when I go for stamping with my passport expiring in one year (assuming I can't get it renewed before I go in Jan), does that mean that I will get only one year visa? What would you guys recommend I should do? Please advice. Thanks much!

[shervin143]

Hello everyone - I have a question about my passport renewal. My passport is expiring in Jan 2014. Is there a specific time frame in which I have to apply for passport renewal? I heard that you can't submit the application only one year before the passport expiry. Is it true? I am not able to get any info on the websites.
>>> Are you talking about Indian passports? Indian passports can be renewed only within 1 year of passport expiry date.

Also, I have to go to India in Jan next year (getting married, yo!), and will go for H1B stamping that time. This will be my second H1B stamping. My I797 is valid till May 2014 (although the IO gave me the I94 valid till Jan 2014 since my passport expires that time). So, when I go for stamping with my passport expiring in one year (assuming I can't get it renewed before I go in Jan), does that mean that I will get only one year visa? What would you guys recommend I should do?
>>> If your passport is valid for more than 365 days as of the date of your visa interview, then the visa will be issued until the petition expiry date. U.S consulate officers are well aware of the indian passport renewal policy.

[jkm2282]

Hello everyone - I have a question about my passport renewal. My passport is expiring in Jan 2014. Is there a specific time frame in which I have to apply for passport renewal? I heard that you can't submit the application only one year before the passport expiry. Is it true? I am not able to get any info on the websites.
>>> Are you talking about Indian passports? Indian passports can be renewed only within 1 year of passport expiry date.

Also, I have to go to India in Jan next year (getting married, yo!), and will go for H1B stamping that time. This will be my second H1B stamping. My I797 is valid till May 2014 (although the IO gave me the I94 valid till Jan 2014 since my passport expires that time). So, when I go for stamping with my passport expiring in one year (assuming I can't get it renewed before I go in Jan), does that mean that I will get only one year visa? What would you guys recommend I should do?
>>> If your passport is valid for more than 365 days as of the date of your visa interview, then the visa will be issued until the petition expiry date. U.S consulate officers are well aware of the indian passport renewal policy.

Thanks, shervin143. Yes, I am talking about Indian passport - so I can only apply for a renewal after Jan 2013 then, correct?

When you say petition expiry date - you mean the I797 expiry date, correct? Also, my H1B got approved in 2009 so the first 3years are expiring in Sep 2012. But, in March 2011, I got my H1B transferred to a different company - which is why my I797 is valid till March 2014 now. So, do the 6 years of my H1B get over in Sep 2015 or March 2017? I am not sure how the renewal process works, so just wanted to get that clarified. Thanks much.

[shervin143]

Yes, I am talking about Indian passport - so I can only apply for a renewal after Jan 2013 then, correct?
>>> Correct.

When you say petition expiry date - you mean the I797 expiry date, correct? Also, my H1B got approved in 2009 so the first 3years are expiring in Sep 2012. But, in March 2011, I got my H1B transferred to a different company - which is why my I797 is valid till March 2014 now. So, do the 6 years of my H1B get over in Sep 2015 or March 2017? I am not sure how the renewal process works, so just wanted to get that clarified. Thanks much.
>>> One H1B CAP is valid for 6 years. It is the time spend in U.S in H1B + L1 status combined irrespective of the employers you have worked for. Do calculate the time spend in U.S and do the math.

[jkm2282]

Yes, I am talking about Indian passport - so I can only apply for a renewal after Jan 2013 then, correct?
>>> Correct.

When you say petition expiry date - you mean the I797 expiry date, correct? Also, my H1B got approved in 2009 so the first 3years are expiring in Sep 2012. But, in March 2011, I got my H1B transferred to a different company - which is why my I797 is valid till March 2014 now. So, do the 6 years of my H1B get over in Sep 2015 or March 2017? I am not sure how the renewal process works, so just wanted to get that clarified. Thanks much.
>>> One H1B CAP is valid for 6 years. It is the time spend in U.S in H1B + L1 status combined irrespective of the employers you have worked for. Do calculate the time spend in U.S and do the math.

Got it, makes sense. So, do I need to file for an extension this year then (since my first 3 years are expiring in Sep 2012 even though my I797 is valid till March 2014)? Thanks!

[shervin143]

No. If you have a valid I-94 (It should have come with the I-797 approval notice along with the transfer) and if it is valid for more than 6 months, then there is no file the H1B extension. Extension of status can be filed only within 6 months of I-94 expiry date.

Got it, makes sense. So, do I need to file for an extension this year then (since my first 3 years are expiring in Sep 2012 even though my I797 is valid till March 2014)? Thanks!