H1B stamping for first time


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I have few questions.


 My I- 797 expires on October 5th. Need to go to india on May last week and return June before 10th .

This is my first visit to India after getting H1b. So, I need to get my H1b Visa stamped. Right now, i have F-1 visa stamped on my passport .

My current Passport expires on Aug 28, 2016.


Can I got to india for stamping ?


My lawyer says below.

  1. Currently valid passport (valid for at least six months beyond I-797 approval notice expiration date)

is the above rule mandatory.

Please let me know.



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What your lawyer said is partially right. Your current passport needs to be valid at least for six months from the date of your visa stamping not based on I-797 expiry date. So example if you are going for stamping May 28th 2016. Your passport needs to be valid at least valid till November 29th 2016. You still have time to renew your passport. Go to Indian embassy directly and submit it. You should get it within a week. Better renew it and then book the slot. Or else you will be in a big mess once you are in India. Same thing happened to my friend. So I know how the situation would be.

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Thanks for replying. I looked for a passport appointment time for Tatkal, latest is 25 May. Too late for me to go to India. 

I have a Europe trip in Aug last week. Can I go to India with new passport on August 1st week, get my VISA stamping done and go to Europe.?

Will I be granted a VISA when I am already so close to my petition date that ends on October 1st?

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