3

I am on H-1B in the USA and I recently got a new job. My passport is set to expire sometime in 2019 but the H-1B (I-797) expires sometime in 2021. I want to go to India and get the new H-1B stamp on my passport.

So my I-797 expiry date is greater than my passport expiration. Is that a problem?

Will I be able to get a stamp for the new H-1B?

Or should I renew my passport here in the USA and then get the stamp for the new H-1B?

Also, can I renew my passport after my employer has started my green card application?

Improve this question
5
  • 1
    I don't know about H-1B visas, but B and G visas are certainly granted beyond the expiration date of the passport. G visas are a bit of a special case, of course. You can certainly renew your passport after your employer has filed the immigrant petition; why wouldn't you be able to? – phoog Oct 23 '18 at 14:34
  • 1
    Just so you are aware, you are allowed to keep using the stamp in your expired passport. You would need to carry both your expired and new passports when traveling. This could be annoying though, so an alternative solution might be preferable. – MJeffryes Oct 23 '18 at 14:34
  • thanks! I think I'll have to carry both passports anyway as they are stamped together, as seen with some of my friends. come to think of it, if this was a big issue, they would not have assigned me the I797 in the first place – AbtPst Oct 23 '18 at 17:46
  • @phoog I was not sure about the passport renewal and immigrant petition at the same time. i was thinking that since the new passport will have a new number, and the old one would be expired, that could/would cause some issue. but i guess that the quthorities will always have all of my details i.e. old and new passport numbers etc. – AbtPst Oct 23 '18 at 17:48
  • 1
    Their primary identifier for your file is the "A number." These petitions can take a long time to process -- it must be very common for people to have passports expiring while they are pending. – phoog Oct 23 '18 at 19:46
3

Generally, you can be issued a nonimmigrant visa if your passport is valid for at least 6 months. However, for passports of countries in the "6-month club" (which includes India), a nonimmigrant visa can be issued any time up to the expiration of the passport. See 9 FAM 403.9-3(B).

The H1b visa should expire at the same time as your H1b petition. A US visa's validity is not limited by the passport's expiration -- a valid visa on an expired passport remains valid and can be used together with a valid passport of the same type issued by the same country to enter the US. So whether you get the visa on your new or old passport won't affect the visa's length of validity.

When you enter the US, someone entering on H1b is usually admitted on their I-94 until the expiration of their H1b petition, but it can be shorter if the passport will expire soon. The date on the I-94 will be limited to 6 months before the passport's expiration (or, for passports of countries in the "6-month club", which includes India, the date on the I-94 will be limited to the passport's expiration date).

So if you do not have a new passport at the time you enter the US, expect to only be admitted until your passport's expiration date. But if you already have a new passport valid for many years, and you are using it in conjunction with the visa on the old passport, you should be admitted until your H1b petition's expiration date.

Your passport renewal is not relevant to your immigrant petition or Adjustment of Status.

Improve this answer

Your Answer

By clicking “Post Your Answer”, you agree to our terms of service, privacy policy and cookie policy

Not the answer you're looking for? Browse other questions tagged or ask your own question.