H1b Visa Re-Validation-Pls.Help

[loki_l77]

Hi

I tried to find answers to my questions in forum but did not find any.
I am going to India for my H1B Visa Stamping with my H1 Approved till 2010 and my expired H1 Visa stamp.

#1 My Passport is expiring one year before my H1 Approval is expiring.
I read somewhere that the passport should be valid for atleast 6 months
after your intent to stay in US.
What is the way to overcome this problem ?

#2 On 'DS156' form it says - "Has Anyone Ever Filed an Immigrant Visa
Petition on Your Behalf?"
Since I have have filed recently for my I485 and have an approved EAD
and AP, what should be the answer to this question ?

thanks..Loki.

 

[manwithnoname]

I am sharing my experience:

1. I got stamped in April 2003 from Kolkata, India upto December, 2005 (full H-1B validity period) when my passport was due to expire on October 2005. However, there was a posting in this forum that someone got stamped for a year (upto the passport validity), despite having H-1B validity way beyond that date. The 6 months passport validity makes you eligible to get the visa stamp (in your case you are).

2. The answer should be 'yes' as your employer already fied an I-140 (immigrant petition).