Does passport need to be valid for 6 months after expiry of H-1B?


collegian

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Posted

Hello All,

I'm currently working on H-1B visa and it is valid until September 2015. My passport expires in November 2015.

I'm from India and I read that I can't renew my passport before November 2014 (12 months rule). I plan to visit India in June 2014.

Does this mean that I can't get my H-1B stamping done in June 2014 since my passport won't be valid for 6 months after H-1B expiry? If yes then how do I go about solving this issue? Please give your suggestions.

Thanks.

Posted

This is simple. Get your new Passport in Dec 2014. Initiate your H1-B renewal in March 2015 (180 day rule for H1 renewal, you can work with you lawyer to start the paper work early and you get inside 180 day rule file for renewal with premium processing). This will ensure you have I-797 by June 2014 and get stamping done in the new passport.

Posted

Hello All,

I'm currently working on H-1B visa and it is valid until September 2015. My passport expires in November 2015.

I'm from India and I read that I can't renew my passport before November 2014 (12 months rule). I plan to visit India in June 2014.

Does this mean that I can't get my H-1B stamping done in June 2014 since my passport won't be valid for 6 months after H-1B expiry? If yes then how do I go about solving this issue? Please give your suggestions.

Reply: Your passport needs to be valid for 6 months at the time you go for stamping. It does not have anything to do with your H1-B expiry date. If you go for stamping in June 2014, since your passport is still valid for 17 months you shud not have any issues.

My case: Passport expires June 2014, went for stamping in March 2013 and I have H1-B stamping in my passport which is valid till Macrh 2016.

Bottom line: You absolutely don't have any issues. Main point is your passport needs to be valid for 6 months at the time you go for stamping.

Posted

This is simple. Get your new Passport in Dec 2014. Initiate your H1-B renewal in March 2015 (180 day rule for H1 renewal, you can work with you lawyer to start the paper work early and you get inside 180 day rule file for renewal with premium processing). This will ensure you have I-797 by June 2014 and get stamping done in the new passport.

Thanks for the reply but I don't think I understood it. How will I get my I-797 by June 2014 if my employer applies in March 2015?

Posted

Hello All,

I'm currently working on H-1B visa and it is valid until September 2015. My passport expires in November 2015.

I'm from India and I read that I can't renew my passport before November 2014 (12 months rule). I plan to visit India in June 2014.

Does this mean that I can't get my H-1B stamping done in June 2014 since my passport won't be valid for 6 months after H-1B expiry? If yes then how do I go about solving this issue? Please give your suggestions.

Reply: Your passport needs to be valid for 6 months at the time you go for stamping. It does not have anything to do with your H1-B expiry date. If you go for stamping in June 2014, since your passport is still valid for 17 months you shud not have any issues.

My case: Passport expires June 2014, went for stamping in March 2013 and I have H1-B stamping in my passport which is valid till Macrh 2016.

Bottom line: You absolutely don't have any issues. Main point is your passport needs to be valid for 6 months at the time you go for stamping.

Thanks for the clarification. I think I was confused about the 6 month rule.

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