H4 to H1 with Passport Renewal

[Katrina]

Hi,

I entered the US on a H4 visa in Sep 2011 with a visa validity till May 2012. The visa was then extended till 2015. I haven't been to India since Sep 2011. If i go to India I will have to get stamping done before i re enter the US.

I wish to apply for a H1B visa this Apr (2013) to be able to work from Oct 2013.

My passport expires in Apr (read End of March) 2014 and i am planning to apply for a renewal/reissue, sometime after Apr 2013 this year. I am doubtful about where to apply, in India or in the US? The reason being I do not have my original docs here in the US needed for re issue of passport (Marriage cert. and Degree cert. to get notarized copies). I will either have to ask ppl back home to mail it to me or I will have to visit India myself in Jan-Feb 2013 and get the docs.

I want to avoid going to India in Apr 2013 as that would mean missing out on the opportunity to apply for H1B visa. I want to be available here in the US during the H1B application process to avoid hassles.

But the problem of visiting now would mean getting H4 stamping done on the old passport till Apr 2014. I need to know the repercussions beyond 2014 Apr till 2015 for me since my husband will be on H1B till 2015. What will I have to do to stay in US till 2015 on H4 assuming I do not get H1B visa?

If I plan to visit India after Apr 2013 - I can get passport renewed in India + get stamping done on the renewed passport. But will that be a risk for H1B application process? Also please let me know the passport validity to be eligible to apply for H1B visa? Since my passport in expiring in end of March, 2014, is it possible to apply for H1B in Apr 2013 and start working in Oct 2013 with passport validity of hardly 6 months?

With the above scenario, I would like to know what would be best for me to follow?

1. Where should I get passport renewed, in US or India?

2. When should I get passport renewed in this tenure : (Apr 2013 - Apr 2014) ?

3. The procedure to extend my stay in US beyond 2014 assuming my passport is stamped only till 2014 before the renewal of my passport?

4. Passport validity for H1B application?

5. Assuming I get H1B visa approval, would it advisable to go to India before Oct 1st 2013?

6. If my H1B is only till 2014, What will my status be after that (assuming it doesn't get extended) Will it default to H4 or I will have to file for H4 again?

Do let me know the best possible solution predicting I am able to get a H1B visa + passport renewed + get a chance to visit my parents before i start working (Oct 2013).

Appreciate your suggestions. Thanks in advance.

[pontevecchio]

Existing visas in old/cancelled passports continue to be valid. You would carry both passports.

[satya2k1]

Hi Katrina,,

here are my 2 cents advise... I am not a lawyer or anyway..

It is better to apply for passport in USA, because it is a hassel in India...as u know their process...ti may take 3 to 5 months to get your passport in India. Ask your parents to send originals in FedEX to USA , it costs about Rs 3500 in FedEx.. and you will have peace of mind.

My wife had a big struggle in India for her passport renewal...because she had to change her family name, and residence address.... she came to India after marriage. Police department did not issue a clearance certificate...because she was not in India for 6 yrs after marriage.

You would carry both passports,, and your visa will be for the time stated on your I797, but not as per passport expiry. Your visa will not be cancelled in old passport.

[Katrina]

Hi Katrina,,

here are my 2 cents advise... I am not a lawyer or anyway..

It is better to apply for passport in USA, because it is a hassel in India...as u know their process...ti may take 3 to 5 months to get your passport in India. Ask your parents to send originals in FedEX to USA , it costs about Rs 3500 in FedEx.. and you will have peace of mind.

My wife had a big struggle in India for her passport renewal...because she had to change her family name, and residence address.... she came to India after marriage. Police department did not issue a clearance certificate...because she was not in India for 6 yrs after marriage.

You would carry both passports,, and your visa will be for the time stated on your I797, but not as per passport expiry. Your visa will not be cancelled in old passport.

[Katrina]

Hi Katrina,,

here are my 2 cents advise... I am not a lawyer or anyway..

It is better to apply for passport in USA, because it is a hassel in India...as u know their process...ti may take 3 to 5 months to get your passport in India. Ask your parents to send originals in FedEX to USA , it costs about Rs 3500 in FedEx.. and you will have peace of mind.

My wife had a big struggle in India for her passport renewal...because she had to change her family name, and residence address.... she came to India after marriage. Police department did not issue a clearance certificate...because she was not in India for 6 yrs after marriage.

You would carry both passports,, and your visa will be for the time stated on your I797, but not as per passport expiry. Your visa will not be cancelled in old passport.

Thank u for ur guidance. I am get my certs fedEx d here to the US and apply for Renewal here. When would it be a good time to do that ? After H1B approval or before ?

[Katrina]

Thank u for ur guidance. I will get my certs fedEx d here to the US and apply for Renewal here. When would it be a good time to do that ? After H1B approval or before ?

[satya2k1]

It depends on your situation when you apply for H1 and receipt of approval. Your H1 validity does not depend on your passport expiration.. If you are applying H1 in premium in April you will get H1 approval within 2 weeks, then you can apply for passport renenwal later in october, November or even in next year Jan 2014 in USA.

[Katrina]

It depends on your situation when you apply for H1 and receipt of approval. Your H1 validity does not depend on your passport expiration.. If you are applying H1 in premium in April you will get H1 approval within 2 weeks, then you can apply for passport renenwal later in october, November or even in next year Jan 2014 in USA.

Thanks a ton for the response. That comes as a relief.