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passport expiring in six months

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  • passport expiring in six months

    I have a passport that is expiring in the next 6 months. I am currently in US on a H1B- visa and I am planning to travel to India. Since my visa stamp has expired, I need to visit a consulate in India and get my H1B visa stamped to come back to US.

    Can I attend a visa interview with a passport that is expiring in less than 6 months ?

    If so, Would I get the visa stamped with validity that is valid until my I-797 validity or would it be reduced to my passport validity date ?

    Can I travel back to United states with passport expiring in less than 6 months ?



    Please suggest what is the better course of action ? Is it suggestible to renew the passport and travel to India or come back with a visa stamp and then get it renewed in US?

  • #2
    Originally posted by laxmi1919 View Post
    I have a passport that is expiring in the next 6 months. I am currently in US on a H1B- visa and I am planning to travel to India. Since my visa stamp has expired, I need to visit a consulate in India and get my H1B visa stamped to come back to US.
    I am assuming you have an Indian passport?

    Originally posted by laxmi1919 View Post
    Can I attend a visa interview with a passport that is expiring in less than 6 months ?
    Yes

    Originally posted by laxmi1919 View Post
    If so, Would I get the visa stamped with validity that is valid until my I-797 validity or would it be reduced to my passport validity date ?
    Until the petition expiration

    Originally posted by laxmi1919 View Post
    Can I travel back to United states with passport expiring in less than 6 months ?
    Yes, but you will only be admitted until your passport expiration, not until your petition expiration.



    Originally posted by laxmi1919 View Post
    Please suggest what is the better course of action ? Is it suggestible to renew the passport and travel to India or come back with a visa stamp and then get it renewed in US?
    You should get your passport renewed before you leave the US or while in India so you can be admitted for the full petition period when you come back to the US. Otherwise (if you are admitted for a short period), you would have to leave the US and re-enter again with the new passport to be admitted for a full period, or your employer would have to apply for an extension.

    This is my personal opinion and is not to be construed as legal advice.

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