H4 travelling with previous employer visa with 6 months of passport expiry

[M_PC]

Hi,

For my question I am getting different answers in fb and what’sapp groups , hence I am elaborating more to understand the clear picture of my question.

I transferred my h1b to new employer in Dec 2019 and got approved i797 till June 2022. Also my wife got h4 approved till same date ( June 2022 ) . And i94 on her approval notice i797-A is showing till June 2022.

Recently my wife travelled to India and thought of planning to go to Dropbox but due to consulate closure she could not get the slot. Now in July, she is planning to come back to USA (with US born kid) with my previous employer’s Visa (which is valid till Aug 2021) by carrying my new i797 copy and her original approval notice.

But her current passport is expiring in Jan 2022.

1. Can she travel to USA having passport expiry less than 180 days ( say 5 months before expiry date)

2. If she comes to USA in July first week ( which is having more than 180 days to her passport expiry ) what would be her i94 dated at POE.? Is it till passport expiry date or date of new employer’s h1(or h4) visa date (June 2022)?

3. If they give i94 till the expiry date of passport (Jan 2022), once she come US, does she need to extend i94 before Jan 2022 or not needed since i94 on i797 is till June 2022? If yes, how she need to extend it.? Will she need to go to CENTRI office or through email we can update it.?

4. If she renews her passport before coming to USA and travel in July last week with previous employer visa (valid till 1 Aug 2021) , will it be any issue ( having new passport without visa stamp ).?

Thank you in advance,

-MP Chan

[Kalpesh_Dalwadi]

@M_PC

Can she travel to USA having passport expiry less than 180 days ( say 5 months before expiry date)

As a general rule, passports must be valid for six months beyond the date the traveler will exit the United States, however, the U.S. has signed agreements with a number of countries to waive this requirement. When such an agreement is in place, the passport must be valid for the entire period of the visitor’s intended stay, but the additional six month validity period is not required.
For more details, refer the below link.
https://help.cbp.gov/s/article/Article-905?language=en_US

@M_PC

If she comes to USA in July first week ( which is having more than 180 days to her passport expiry ) what would be her i94 dated at POE.? Is it till passport expiry date or date of new employer’s h1(or h4) visa date (June 2022)?

I94 end date will be same as her passport validity. Better option is to get the passport renewed in India id possible.

@M_PC

If they give i94 till the expiry date of passport (Jan 2022), once she come US, does she need to extend i94 before Jan 2022 or not needed since i94 on i797 is till June 2022? If yes, how she need to extend it.? Will she need to go to CENTRI office or through email we can update it.?

You need to do extension before the I94 expiry as the I94 issues at POE will override your I797.
You can travel to US-Mexico border and get the I94 extended. I am not aware of any email process.

https://www.google.com/amp/s/www.am22tech.com/i94-correction-after-passport-expiry-and-renewal-in-us/%3Famp

@M_PC

If she renews her passport before coming to USA and travel in July last week with previous employer visa (valid till 1 Aug 2021) , will it be any issue ( having new passport without visa stamp ).?

No issues.

[M_PC]

@Kalpesh_Dalwadi ,

Thanks for clarifying all questions one by one. Really appreciate your help to the community.

Thank you…