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Traveling to US on H1 visa with passport expiring in 6 months

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  • Traveling to US on H1 visa with passport expiring in 6 months

    I have valid H1 visa stamped on my passport until sep 2018. I am traveling to US from India on Jan 26 2016 and my passport is valid until July 28 2016. Will I face issues while entering US with respect to my passport validity? It will be valid for 6 months + 2 days when i will enter the country. I intend to renew my passport in US upon entering and extend my I94, if needed. Appreciate if anyone can share their experience or if someone has knowledge about my situation.

  • #2
    Well, even though your visa and petition are valid until 2018, you will receive an I-94 only till the passport expiry date since it expires within 1 year. Your I-94 will decide until when you can legally stay and work in U.S. To extend your stay beyond the I-94 expiry date, then employer need to file an extension or you should leave and re-enter back after renewing your passport. It is advisable to renew you passport and then enter with an extended passport.
    Not a legal advice. Use of this information is strictly at your own risk.

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    • #3
      Originally posted by shervin143 View Post
      Well, even though your visa and petition are valid until 2018, you will receive an I-94 only till the passport expiry date since it expires within 1 year. Your I-94 will decide until when you can legally stay and work in U.S. To extend your stay beyond the I-94 expiry date, then employer need to file an extension or you should leave and re-enter back after renewing your passport. It is advisable to renew you passport and then enter with an extended passport.
      Thanks for the reply shervin143. Once i enter I'll apply for passport renewal immidiately and then i will apply for either i-94 extension or re-enter US on new passport. My concern is that I should be allowed to enter the country at least until my passport expiration to do all the paperwork. Do you know if at immigration they stop people from entering US because their passport is expiring in 6+ months, like in my case?

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      • #4
        No. They will let you in as long as your visa, passport and petition are valid. They will restrict your stay as per the passport expiry date.

        Originally posted by Visaconnect View Post
        Thanks for the reply shervin143. Once i enter I'll apply for passport renewal immidiately and then i will apply for either i-94 extension or re-enter US on new passport. My concern is that I should be allowed to enter the country at least until my passport expiration to do all the paperwork. Do you know if at immigration they stop people from entering US because their passport is expiring in 6+ months, like in my case?
        Not a legal advice. Use of this information is strictly at your own risk.

        Comment

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