Going for Visa: Passport expiring before Renewed I-797

[mrkanth]

Hello All,

I got my H1B extension approved and received I-797 Valid until July 2010. I also received a new I-94 valid till July 2010.
But my passport is expiring on Sept 2009.
My current visa stamp is expiring in this september 07, and I am going to toronto consulate for a new visa stamp in October 07.

My question is, will they give me a new visa valid until July 2010 ? What about I-94 ? In their site, they mentioned that the Passport mush be valid at least 6 months beyond the intended stay in US.

I can not renew my passport until sept 2008 as per my country rules.
Pls Help.
Thank you in advance,
Regards,
MRK

 

[jwdkhan]

MRK, you have nothing to be concerned about. They will probably issue you a visa valid for the duration of your I-797, i.e. until July 2010. When your current passport expires in Sept 2009, apply for a new passport (hopefully before it's expiration). Your current passport will be marked 'cancelled', however all valid visas in the passport will continue to remain valid until their expiration. So all you will have to do is carry both passports with you. When you show up at border immigration in let's say March 2010, show them both passports, tell them your visa is stamped on your old passport but the visa is valid until July 2010. And that you also have a new valid passport. They will look at the valid visa on the old passport and stamp your entry on the new passport. You'll just have to carry both until the visa expires. When they say that your passport should be valid for atleast 6 more months, they mean that the passport should not be expiring within 6 months of your visa stamping appointment. Since your's expires in Sept 2009, you are good. Hope this explains things.

Good luck,

Jawad