My H1B petition is valid for 2 years, but I do not have a visa stamp, and my Indian passport expires in 4 months. I am visiting my family in India next week. Is it ok to apply for a new H1B visa stamp now?


Generally speaking, as long as the passport and H1B petition are still valid, the consulate has the discretion to issue a new H1B visa “stamp.” However, if you do not have a new passport by the time you return to the U.S., the Customs and Border Protection (CBP) officers at the U.S. port of entry likely will admit you only through the expiration date of the passport. If you do get a new passport before returning to the U.S., you should be able to present the visa in the old passport, along with the new passport to request admission for the full validity period. (13.Feb.2020)

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