passport validity for H-1B dependent (H-4) visa

[Sachin2us]

Hello Friends,

We are in India and my petition has been selected in lottery.

What are the requirements for passport expiry for dependents?

My wife's passport expires on 15th May 2016

My daughter's passport expires on 31st March 2016

My employment start date is 1st Oct 2015

Should I get renewed their passports before applying for DS-160?

Thank you,

Sachin

[jairichi]

At least 6 months validity at the time of visa stamping. At POE the I94 will be issued based on validity of passport or i797 whichever is the earliest.

[satya2k1]

Hi Jai,

 

Is there a reference about this information.  Because, i had a different experience.  I travled by road to Canada and got H1 visa till 2018 (3 yrs).  My passport expires in 2017...however, I got I94 at the border until 2018.

[jairichi]

Hi Jai,

 

Is there a reference about this information.  Because, i had a different experience.  I travled by road to Canada and got H1 visa till 2018 (3 yrs).  My passport expires in 2017...however, I got I94 at the border until 2018.

Sometimes immigration officer at POE might overlook passport expiry date. You are fine.

[satya2k1]

Hi Jai...

 

I don't think this statement "At POE the I94 will be issued based on validity of passport or i797 whichever is the earliest." is TRUE... I don't think I94 validity is related to passport.  At the POE they told me that I94 is valid for 3 years from date of entry or H1B visa validity, whichever is earliest...   I got H1B visa extension till Aug 2018, but at POE they stamped I94 till May, 2018... because May 2018 is earlier than Aug 2018,, and my passport expires in 2017. 

 

If this happend to me purely by luck...or oversee at POE.. I really like to see a reference where it says...I 94 validity is related with passport expiry date... I want to be careful next time...Luck do not favors everytime..

[jairichi]

Hi Jai...

 

I don't think this statement "At POE the I94 will be issued based on validity of passport or i797 whichever is the earliest." is TRUE... I don't think I94 validity is related to passport.  At the POE they told me that I94 is valid for 3 years from date of entry or H1B visa validity, whichever is earliest...   I got H1B visa extension till Aug 2018, but at POE they stamped I94 till May, 2018... because May 2018 is earlier than Aug 2018,, and my passport expires in 2017. 

 

If this happend to me purely by luck...or oversee at POE.. I really like to see a reference where it says...I 94 validity is related with passport expiry date... I want to be careful next time...Luck do not favors everytime..

I give you a very simple reference. Look at the number of posts in this forum where I94 was issued based on passport validity (if passport expires earlier than I797 validity).

[jairichi]

Hi Jai...

 

I don't think this statement "At POE the I94 will be issued based on validity of passport or i797 whichever is the earliest." is TRUE... I don't think I94 validity is related to passport.  At the POE they told me that I94 is valid for 3 years from date of entry or H1B visa validity, whichever is earliest...   I got H1B visa extension till Aug 2018, but at POE they stamped I94 till May, 2018... because May 2018 is earlier than Aug 2018,, and my passport expires in 2017. 

 

If this happend to me purely by luck...or oversee at POE.. I really like to see a reference where it says...I 94 validity is related with passport expiry date... I want to be careful next time...Luck do not favors everytime..

Here is a link for you.

 

http://www.murthy.com/2013/05/06/travel-season-reminder-check-your-i-94-card-expiration-date/

[satya2k1]

Jai,

Thanks for sending reference.. I still think people traveling with more than 6 months of passport validity are OK and can get I94 validity later than passport validity.  I strongly suggest to travel with passport expiry date more than 6 months.

[jairichi]

Jai,

Thanks for sending reference.. I still think people traveling with more than 6 months of passport validity are OK and can get I94 validity later than passport validity.  I strongly suggest to travel with passport expiry date more than 6 months.

You are welcome. Thinking is different from actual experience. The huge number of posts where I94 validity is given based on passport expiry even though petition is valid beyond that is enough to justify to travel with a renewed passport. As in your case a few get it beyond passport expiry date and it might be that it was overlooked by immigration officer at POE. And, it depends on individual circumstances whether they want to renew their passport or not before their travel.