Question regarding US H1B visa issuance with passport expiring before I-797 expiry

[vdeepak2000]

Hi,

I am an Indian citizen working in US. This is H1B renewal scenario. I have stamped my H1B visa from canada in the past. My current passport expires in August 2019 and the employer issued I797 is valid until October 2020. I am scheduled for my H1B visa interview at US consulate in Vancouver, Canada for next week. In the documents required section it is mentioned that "Current Passport valid for travel to the United States. The passport must be valid for at least six months beyond the period of stay in the United States". Has anyone else been in similar situation and faced problems with visa issuance or re-entry into the US because of their passport expiring before I-797, even though the current passport is valid for more than 1 year beyond visa appointment date?

Please share your experiences.

Deepak

[Deekay]

Hi,

I am an Indian citizen working in US. This is H1B renewal scenario. I have stamped my H1B visa from canada in the past. My current passport expires in August 2019 and the employer issued I797 is valid until October 2020. I am scheduled for my H1B visa interview at US consulate in Vancouver, Canada for next week. In the documents required section it is mentioned that "Current Passport valid for travel to the United States. The passport must be valid for at least six months beyond the period of stay in the United States". Has anyone else been in similar situation and faced problems with visa issuance or re-entry into the US because of their passport expiring before I-797, even though the current passport is valid for more than 1 year beyond visa appointment date?

Please share your experiences.

Deepak

PP expiry doesn't impact your visa validity but it impacts your I94 expiry or Admit until date. You will get a Visa stamp up to your I797 validity but when you enter US your I94 will be given only until PP expiry. Your Visa stamp will be valid so once you renew your passport and enter again you will get I94 extended until Visa expiry.

For example, My I797 is valid until FEB 2019 but my passport expiry was OCT 2018. When I went for stamping back in 2016 my Visa was stamped until FEB 2019(Same as I797). But when I reentered after a vacation in 2017 I94 was stamped with OCT 2018. I recently renewed my passport, so I have to apply for a EOS or exit and reenter to get I94 until I797 validity with my new passport.

Hope this helps