H1B Valid for 2 years, Passport valid only for 3 months, i 94 expired

[RAJKAN_19]

Need advise on the below situation.

My colleague came to US with a valid H1B Visa expiring in 2018, however his passport was expiring Oct 2016 and the Immigration officer gave an I94 till only Oct 2016. The passport is currently renewed by the Indian emabassy and has 10 year valid passport now.

How do we proceed? Does a New H1b extension to be submitted or just an extension of i94 based on new passport can be done?

If he goes to India b4 i94 expiry, can he come with the new passport and the valid visa?

Regards,
RK

[raghvi]

Need advise on the below situation.

My colleague came to US with a valid H1B Visa expiring in 2018, however his passport was expiring Oct 2016 and the Immigration officer gave an I94 till only Oct 2016. The passport is currently renewed by the Indian emabassy and has 10 year valid passport now.

How do we proceed? Does a New H1b extension to be submitted or just an extension of i94 based on new passport can be done?

If he goes to India b4 i94 expiry, can he come with the new passport and the valid visa?

Regards,
RK

Yes, if he leaves before I-94 expiry and re enters showing new passport, and visa on old passport, he will most likely get I-94 to match the visa.

This is my opinion not legal advice.