H1B Visa Stamp Validity is given as per passport expiry date?


(Anonymous) #1

Hi Anil,

My H-1B petition got approved, valid till August 2020. My Passport is expiring in October 2019.
I am planning to take appointment for stamping at Chennai Consulate.

Will I get Visa valid till August 2020(Petition expiry) or till October 2019(Passport Expiry)? If till August 2020, at port of entry will I get I-94 valid till October 2019 or August 2020?


(Anil Gupta) #2

H1B visa stamp validity is same as petition approval validity

You will get visa stamp according to your petition approval validity.

i94 validity is restricted if passport is expiring

But, when you enter US, your i-94 will be restricted to passport expiry date.

So, it is better you get passport renewed either before leaving US or before returning from India.


(Anonymous) #3

I have now got appointment for passport renewal under tatkal for 31st January 2019 at Chennai Consulate.
For now can I go ahead with stamping with current passport (before getting new passport) or go for stamping with renewed passport after 31st January? Which is the better option? If I go for stamping with current passport and later travel to US along with renewed passport, will I get i-94 valid only till October 2019(current passport expiry date) or valid till Petition expiry date(August 2020)?


(Anil Gupta) #4

Passport renewal with Chennai consulate? I don’t understand this.

If you return to US with renewed passport, you will get i94 validity as per your Visa stamp.
If you return to US with short expiry passport, your i94 validity will be same as your passport expiry.


(Anonymous) #5

Sorry Anil, my bad. Mistakenly added “at Chennai Consulate”.

Please don’t mind me asking this again. Just to clarify one more time and to feel confident.
I will go for stamping with current Passport and later travel to US with current and renewed passport. So, I-94 will be stamped on my renewed passport as per Visa Stamp?(the reason for asking this is, my current passport will have Visa stamp not the renewed one).


(Anil Gupta) #6

It does not matter if passport with visa stamp is current or expired. If visa stamp is valid, it is accepted.
When you renew your passport, Indian passport office will mark your current passport as ‘EXPIRED’.

You will need to carry both old and new passport when you travel to US.
When you enter US, your NEW passport will be used to stamp immigration entry stamp on all future travels. The visa stamp (in old passport) will be used to verify visa validity.

Does that answer your query?


(Anonymous) #7

Yes Anil. All clear now. :slight_smile:
Thanks a lot!