Passport validity for H1B visa stamping in India

[sam1919]

I have a passport that is expiring in the next 6 months. I am currently in US on a H1B- visa and I am planning to travel to India. Since my visa stamp has expired, I need to visit a consulate in India and get my H1B visa stamped to come back to US.

Can I attend a visa interview with a passport that is expiring in less than 6 months ?

If so, Would I get the visa stamped with validity that is valid until my I-797 validity or would it be reduced to my passport validity date ?

Can I travel back to United states with passport expiring in less than 6 months ?   

 

Please suggest what is the better course of action ? Is it suggestible to renew the passport and travel to India or come back with a visa stamp and then get it renewed in US?           

[xTDx]

I would suggest getting passport renewed in usa first. It takes about 1 week after your docs are accepted.

You may get visa until the petition expiry date but you will get i-94 until the passport expiry day or the petition expiry date. Whichever is lesser. 

So in your case the i-94 will be valid until passport expiry date and you would have to renew passport later and either leave county and come back or go to nearest CBP post to get i-94 corrected and i-94 expiry date updated. With things changing and no set procedure to be followed by CBP, you are taking a huge risk.

[Tjgarla]

1 hour ago, xTDx said:

I would suggest getting passport renewed in usa first. It takes about 1 week after your docs are accepted.

You may get visa until the petition expiry date but you will get i-94 until the passport expiry day or the petition expiry date. Whichever is lesser. 

So in your case the i-94 will be valid until passport expiry date and you would have to renew passport later and either leave county and come back or go to nearest CBP post to get i-94 corrected and i-94 expiry date updated. With things changing and no set procedure to be followed by CBP, you are taking a huge risk.

I agree. Get the passport renewed first for a smooth ride. else you will have a shorter i94 at the USA port of entry since your passport is expiring . then you need to get a new passport . Once you get the new passport you need to either go to mexico or canada and return back to get the new i94 till your visa validity. 

[ashukla]

On ‎5‎/‎15‎/‎2018 at 10:34 PM, sam1919 said:

I have a passport that is expiring in the next 6 months. I am currently in US on a H1B- visa and I am planning to travel to India. Since my visa stamp has expired, I need to visit a consulate in India and get my H1B visa stamped to come back to US.

Can I attend a visa interview with a passport that is expiring in less than 6 months ? No

If so, Would I get the visa stamped with validity that is valid until my I-797 validity or would it be reduced to my passport validity date ? Passport expiring in less than six months will not be allowed for visa interview, visa validity is based on your I797 not passport expiration date.

Can I travel back to United states with passport expiring in less than 6 months ?   If you have visa stamp on that passport then yes you can.

 

Please suggest what is the better course of action ? Is it suggestible to renew the passport and travel to India or come back with a visa stamp and then get it renewed in US?  Best way is renew your passport here in USA, it is expensive as compare to india but service is definitely better than india then go for visa stamping to avoid any ifs and buts!!!

 

[sam1919]

Thanks you for the recommendations

[1919]

I'm on same boat. Just one more question to this. If my passport is renewed but DS160 is filled with old passport details, will that be a problem during stamping or while I travel back to India? I'm going on visa interview as I'm not eligible for drop box.