Passport /H1-B visa conflict...

voyager75

New Member
My 3 year HI-B visa expires next month (March 2003)and am applying for an extension. My Indian passport expires May 2005. My lawyer tells me that when I get my extension, it will be valid only till May 2005 and not March 2006 as it should be(3+3).
The Indian consulate will not renew my passport until 1 year before the expiration date on my passport which means that I cannot apply for renewal/New passport till May 2004. Has anyone encountered a situation like this before??
Any information regarding the same is appeciated..
Thanks.
 
Originally posted by voyager75
My 3 year HI-B visa expires next month (March 2003)and am applying for an extension. My Indian passport expires May 2005. My lawyer tells me that when I get my extension, it will be valid only till May 2005 and not March 2006 as it should be(3+3).
The Indian consulate will not renew my passport until 1 year before the expiration date on my passport which means that I cannot apply for renewal/New passport till May 2004. Has anyone encountered a situation like this before??
Any information regarding the same is appeciated..
Thanks.

H1 validity dates are NOT tied to passport expiration dates.
 
Lawyer is partially right. However The H1 approval will not come until passport expiry date. But the new visa stamp in passport will.
All U have to do is get new passport before passport expiry and carry both old and new passports...
 
Thanks for the information guys..
Let me see if I got this correctly. You are saying that when I get my passport ( old ) stamped, it will say the expiration date for my HI visa is March 2006. However, since my old passport expires May 2005, I will have to show my new passport along with the old passport containing the H1 stamp beyond May 2005 for everything to be right..
If this is the case, will I have to get my new passport stamped as well or is it sufficient to carry my old passport with the stamp even though the passport itself might be invalid??

Thanks in advance once again...
 
Originally posted by voyager75
Thanks for the information guys..
Let me see if I got this correctly. You are saying that when I get my passport ( old ) stamped, it will say the expiration date for my HI visa is March 2006. However, since my old passport expires May 2005, I will have to show my new passport along with the old passport containing the H1 stamp beyond May 2005 for everything to be right..
If this is the case, will I have to get my new passport stamped as well or is it sufficient to carry my old passport with the stamp even though the passport itself might be invalid??

Thanks in advance once again...

voyager75,

This is how it works:

1. You are applying for the H1 extension:

The Notice of approval is not based on your passport. You will
get validity period as determined by INS and is not governed by
the validity period of your passport.

2. In case you want to have a US VISA stamp in your passport.
( You will need this if you are planning to travel. Otherwise
just the I-94 determines your length of stay here in US ).

Once you get your new H1 Notice of approval, send the papers
to St.Louis office, and you will get your visa stamping. Again
this has no connection with the validity period of your passport.

They will put the Visa stamp as per the validity of your H1B.

3. Get the validity of your passport extended, by approaching the
the Consulate, WHEN the time comes.

There are two outcomes here:

a) Your old passport is extended by a notation in the PP.

OR

b) You will be asked to apply for a new passport. It depends
on the issue date of your current passport.

In which case , you will get a new PP booklet, which will be
blank, and your old passport will contain your US Visa.

This is OK. You will always carry both the passports.



Raju
 
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You can try to explain the situation to indian Consulate. Fax them the copy of your H1 approval notice and the requirement of passport being valid atleast 6 months more than H1. They will renew it. They did mine on the same ground.
 
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