护照有效期问题

同问。我也是H１B，护照有效期04/17/2011。我计划９月初回中国，９月中返回美国，就是想避免这个麻烦。
另外我还考虑在国内期间把护照给换了，不知道拿着有签证的旧护照和空白的新护照能不能在美国入关。
不过这个问题好像去http://www.chineseinla.com问问会有人回答的。

不知道拿着有签证的旧护照和空白的新护照能不能在美国入关

这个绝对没有问题

I know the expiration date of your H1B petition will be much longer than the expiration date of your passport. The US Consulate General may issue you a H1B visa, which is two entries within 3 months. But when you re-enter US, the CBP officer will only give you your stay on the I-94 card, 6 months before the expiration of your passport, in your case, it is Oct. 23, 2010. That is , you will have to renew your passport and schedule a site visit with USCIS to update your I-94 before Oct.23, 2010 or leave the US on or before Oct.23, 2010; otherwise, your stay in the US after Oct.23, 2010 will be illegal.

The only solution to your situation is to renew your passport immediately with the Chinese embassy. It will take 1 month for them to renew your passport in US. You can still get your passport ready before you go.

It happened to me this summer. Luckily, my passport will expire next June, so I still have enough time to do it.

不知道拿着有签证的旧护照和空白的新护照能不能在美国入关

这个绝对没有问题

I am not sure with this. When you renew your passport, your passport number will change. And your VISA stamp only contains the old passport information. You should contact the US CBP to confirm this.

"The US Consulate General may issue you a H1B visa, which is two entries within 3 months."

Update: H1b visa stamp has changed to one year - multiple entries but within the valid petition document.

Your explanation is very clear and detailed. Thanks so much for your patience! There is only one thing I am not sure so far is if I am going to renewing my passport when I come back to China. With new and old passports together handing to CBP officer when I re-enter into U.S., whether would my staying be stamped legal with new passport expiration date instead of old passport Oct.23, 2010, 6 month before expiration date like a friend here mentioned?

Thanks so much again.

If they accept the visa stamp on your old passport, they will give your stay on the I-94 the same as the expiration date of your H1B petition on your new passport.

However, I am not sure whether they will accept the visa stamp on your old passport. You need contact the US CBP to confirm this.

From CBP website:
https://help.cbp.gov/app/answers/detail/a_id/826/related/1

If my visa is in an expired passport, what should I do?

If your visa is in a passport that has expired or will expire within 6 months of the end of your U.S. visit, you will need to get a new passport. However, you do not need to apply for a new visa. Just bring both your new passport and your old passport with the valid visa to present to the CBP Officer when you arrive in the U.S.

Thanks again.

For security, I decided to replaced to a new passposrt in US before I come back to China. As you explained, it would spend 1 month to get new passport. However, I would make an visa extension appointment in the middle of september (also one month later).

The problem is I need a new passport to make an call appointment to see the visa officer in China. How could I make it if new passport would be arrived to 1 month later? Therefore, I have no time to make an appointment in advance. May I use my old passport to make an visa extension appointment?

thanks so much!

Yes, you can use your old passport number to schedule a visa appointment.

Exactly.

Remember, when you fill out your application online, please use your new passport number. You just need show the guy at the entrance window your old passport then he will let you in. After that just use your new passport. However, the visa officer may need the information on your old passport.

Got it. Thanks so much again.

You can renew your passport one year prior to the expiration date of your current passport at the Chinese embassy or consulates general in US.

I understand the regulation to renew passport inside China is limited to 6 months prior to the expiration of a passport and it takes 10 working days to process a regular renewal application. The renewal process is handled by persons. You can explain it the the window officer, your result may be different.

If you don't want to experience such a hassle, you can renew your passport in US. It takes 1 month to renew your passport through Chinese embassy or consulate general. After that you can schedule a USCIS site visit to update your I-94 card.