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A4PP

H1B Stamping: passport expires before I-797 validity end date

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Hello All:

 

I recently transitioned from F1 visa to H1B visa. My I-797 validity ends in Sept 2021. It also has an attached I-94 at the bottom with the same validity end date.

 

I am planning to visit india in May 2019 for stamping. I find that my passport expires in july 2021, i.e. 2 months before my I-797 validity end date. I wanted to know if I still go through visa stamping process in May 2019, will my (A) Visa stamp, and (B) the I-94 at the port of entry have the end date of Sept 2021 (I-797 validity end date) or July 2021 (passport validity end date)?

If any of the two will have end date of July 2021 instead of sept 2021, will it reduce my work authorisation or US stay by those 2 months?

 

I know that Indian passport can only be renewed 12 months before its exipry date. So, if the above problem happens, my alternative would be to renew my passport in 2020 and then go for stamping.

Thank you for guiding me.

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@A4PP: When you attend for your visa you will get the visa stamped on your passport for the entire validity of I-797 whereas in port of entry you will get I-94 validity till end of your passport though you have valid visa stamped on your passport beyond the passport expiration date.

 

FYI, recently I even got in the same manner as my H1B is valid till Jan'2022 but Passport expires Dec'2019 (soon).

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16 hours ago, A4PP said:

 

Hello All:

 

I recently transitioned from F1 visa to H1B visa. My I-797 validity ends in Sept 2021. It also has an attached I-94 at the bottom with the same validity end date.

 

I am planning to visit india in May 2019 for stamping. I find that my passport expires in july 2021, i.e. 2 months before my I-797 validity end date. I wanted to know if I still go through visa stamping process in May 2019, will my (A) Visa stamp, and (B) the I-94 at the port of entry have the end date of Sept 2021 (I-797 validity end date) or July 2021 (passport validity end date)?

If any of the two will have end date of July 2021 instead of sept 2021, will it reduce my work authorisation or US stay by those 2 months?

 

I know that Indian passport can only be renewed 12 months before its exipry date. So, if the above problem happens, my alternative would be to renew my passport in 2020 and then go for stamping.

Thank you for guiding me.

 

Your pro-active question at this early stage of H1B is really commendable.

This is how you can deal this situation.

You can travel to India in May 2019 (As you can't renew your passport until July 2020 - 1 year before your passport expiry), when you go for stamping, you will get visa stamp on your passport as per your I-797 validity.(July 2021)

While coming back , you will get I-94 stamped on your passport by POE / CBP officer until July 2021 (Until passport validity Only).

That 2 months short duration of I-94 won't impact your work authorization, but you should get your I-94 renewal done after July 2021.

I-94 renewal can happen in below ways,

Once you renew your passport after you come back (After July 2019), 

1) If you travel out of country for vacation etc., before July 2021, while coming back, your I-94 will be automatically renewed until your I-797 validity by POE/CBP officers.

2) Else you can go to any border POE locations  / CBP offices around June or July 2021 (near canada or mexico to get I-94 renewal done until Sep 2021) - This link can give you some info about that process : Renewing I-94 at Border POE - CBP locations

3) If you get your extension of H1B before Sep 2021 & travel out of country for any vacation etc., or go to the border POE/CBP locations before July 2021, while coming back you will get new I-94 until that new petition validity.

Good Luck !!!

Edited by venkatramrm@gmail.com
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