I’m an Indonesian citizen currently in the U.S. and will be going to Jakarta next week for my first H-1B stamping.
My H-1B approval notice is valid until October 2028, but my Indonesian passport expires in October 2027.
My immigration lawyer mentioned that CBP could potentially issue my I-94 only through my passport expiration date, rather than through my H-1B petition's expiration date. I’m trying to figure out the best path
Questions:
- Has anyone entered on H-1B with a passport expiring before the petition end date?
- Is it common for CBP to shorten the I-94 to the passport expiration date?
- If CBP does shorten the I-94 to Oct 2027, can I simply renew my passport and travel internationally again before Oct 2027 to obtain a new I-94 matching my H-1B approval notice expiration date in 2028?
- Is that generally considered a reliable fix, or is it still at CBP discretion?
My options right now:
Option 1
Keep my current visa appointment, get stamped using my current passport, and if my I-94 is shortened, renew my passport later and re-enter the U.S. before Oct 2027 to obtain a new I-94.
Option 2
Keep my current visa appointment, get stamped using my current passport, renew my passport immediately while I’m still in Indonesia, then return to the U.S. carrying:
- New passport
- Old passport containing the H-1B visa stamp
- Original I-797 approval notice
Would this likely result in CBP issuing an I-94 through my H-1B petition expiration date instead? Or is there any risk in making my first H-1B entry using a valid H-1B visa stamp in my old passport while also presenting a newly renewed passport and my I-797 approval notice?
Option 3
Reschedule my visa appointment to July, renew my passport first, submit a new DS-160, and get the H-1B visa issued in the new passport.
Option 4
Try to move my flight earlier, obtain an emergency passport renewal before the visa interview, submit a new DS-160 with the new passport information, update my appointment record if possible, and attend the existing appointment with the renewed passport.
Additional Considerations:
- My appointment is next Friday (June 5), and I leave the U.S. on June 3, so Options 3 and 4 would be logistically difficult.
- Indonesian H-1B holders often seem to receive only a 1-year visa stamp due to reciprocity, even when the H-1B petition is approved for 3 years. If that's the case and I need to obtain another H-1B visa stamp around June 2027 (before my passport expires in October 2027), would it make more sense to simply proceed with Option 1 now? In that scenario, I could renew my passport before the next stamping appointment in 2027, obtain the new H-1B visa stamp in the renewed passport, and potentially receive an updated I-94 upon re-entry that matches the H-1B approval validity period. Is that a reasonable approach, or am I overlooking something?
Given all of that, which option would you choose and why? Or are there any other solutions/options?