VISA expires in Feb03,Passport in May03 and going to India and back to US in Dec02

M

mahesht

New Member
I am going to India for marriage in December 2002.
My VISA validity on my passport is till Feb 2003.
My H1 validity is till Feb 2003.
My passport expires in may 2003.

1)When I go to India, Will there be any problem for H4 stamping in India for my spouse after my marriage in December 2002 as the validity of my h1 is till feb 2003 and my passport is valid upto may 2003. My employer has not filed for h1 extension yet. But i am sure he will file for extension in Jan/Feb 2003.

2) Will it be a problem at the port of entry for me to come back to USA in Jan 1st week 2003 because the validity of h1 is till febraury 2003 and passport's validity is till may 2003.

I would appreciate your suggesion.

Thanks in advance
 
Check the consulate's web site. I think the passport must be valid for 6 months or more, but not sure if that is only for the applicant or the prinicipal H1 holder as well.

It is always best to have a passport valid for 6 months or more. You can renew/get new passport now as well, which you have to do anyway.

Visa/I-797 expiring in a month's time is fine for re-entry, but better to have more than 6 months validity on the passport.
 
Thanks for your response Raj.
I have called Consulate General of India, Houston, TX, USA.
They told me that I can send my passport for renewal in Jan 2003 after I come back from India.

Do I need to confirm this again with another other one ?
 
I was browing this site

http://www.ins.usdoj.gov/lpBin/
lpext.dll/inserts/slb/slb-1/
slb-20/slb-1987?
f=templates&fn=document-frame.htm#slb-act212a

and found this

INA: ACT 212 - GENERAL CLASSES OF ALIENS INELIGIBLE TO RECEIVE VISAS AND
INELIGIBLE FOR ADMISSION; WAIVERS OF INADMISSIBILLITY


(B) Nonimmigrants.-

(i) In general.-Any nonimmigrant who-


(I) is not in possession of a passport valid for a minimum of six months from the date of the expiration of the initial period of the alien's admission or contemplated initial period of stay authorizing the alien to return to the country from which the alien came or to proceed to and enter some other country during such period, or

(II) is not in possession of a valid nonimmigrant visa or border crossing identification card at the time of application for admission, is inadmissible.

I can't understand the clause (I). I came to US about 3 years and 10 months. I never went back to India.

If I go to India in december 2002 and come back in December 31
with this passport (expires in 2nd week of May), will i be allowed to enter this country or not..


My question is My passport expires in 2nd week of May 2003.
If I go to India in Dec 2002 and Come back on 31 dec 2002,
will i be allowed to enter into US.

Can you help me out this language please...
 
Last edited by a moderator:
The "initial period" does not refer to your previous stay in the US. It refers to a fresh initial period at the time of re-entry. The word initial is used to differentiate from extension. The term admission simply means entry (or re-entry) into the US.

That statement means that your passport should be valid for a period of 6 months from the expiration of your I-797. I dont know if you need to renew your passport. Generally is a good idea to have a passport valid at least up to 6 months into the future. Best thing would be to renew your passport before you leave, or get a new one in India. They might extend the passport or even issue a new one. If they issue a new one, the visa in the old one would still be valid (you will carry both the passports together).

Maybe someone else on this forum will be able to share their experiences with nearly-expired passports.
 
Raj,

Thanks for your suggestion. I got my passport renewed. One issue is resolved. Now the other issue H4 stamping at Chennai in India for my would be spouse.

When I go to India, Will there be any problem for H4 stamping in India for my spouse after my marriage in December 2002 as the validity of my h1 is till feb 2003. My employer has not filed for h1 extension yet. But i am sure he will file for extension in Jan/Feb 2003.

Is it safe to send for H4 stamping when I am in India. Or should i come back to USA and wait until i get my H1 extension. But H1 extension may take several months and not only that i have to get VISA stamped on my passport and then send her for VISA stamping. It may take long time.. I do not know what to do. I would appreciate advice.

Thanks in advance.
 
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