Travel to India without Passport Renewal

[vascos]

Hello!

I am looking to travel to India on the 10th April 2013 and return to US on the 20th April 2013. I am on H-1B visa that expires on Oct 15th 2013 (I will be initiating the process for an additional 3-year H-1B in early April).

The concern that I have is that my passport is expiring on the 5th of October 2013. I was told by my colleagues that travel to India is not advised within 6 months of passport expiry date. Can I travel and return by Apr 20 2013 or will the airlines or US immigration someone cause objection during my return?

Is it fine if I travel to India and renew my passport after I return to US? Request your advice on this. If yes, would you be able to point me to documentation in some government websites that I can print out to show someone in case I am stopped at immigration points in India or US? Kindly help.

Many thanks in advance.

[Attorney_11]

It is advisable to renew the Indian passport for its full validity in advance of travelling, otherwise the US CBP may tie the expiration of the I-94 to the expiration of the passport and not the petition. In the case at hand, this is not potentially as adverse a development as it could be, because the expiration of the passport, petition, and plans for extension are close together, but it could not be as favorable for others. It is best to discuss this matter with a competent qualified immigration attorney.