My current Indian passport is expiring on 9/15/2016. I am going to take vacation and visit India from 1/25/2016 to 3/9/2016. I am planning to apply for a NEW passport when I go to India on 1/25/2016. My current H-1B visa and hence my I-94 expired on 12/16/2015. But my new H-1B visa got approved until 9/1/2018.So I will need to go for H-1B visa stamping when I go to India on 1/25/2016 and get it stamped on my current passport which expires on 9/15/2016. When I depart from India on 3/9/2016, I plan to carry both my NEW passport and my current passport. I have 2 queries based on this situation. I asked my lawyer but she is not aware what the current law is for below 2 queries:
(1) When I return to U.S on 9/15/2016,Will the immigration officer at port-of-entry stamp I-94 with expiry date of my current passport which is 9/15/2016 OR he will take into account the expiry date of my NEW passport and hence stamp I-94 with validity of my I-797 which is 9/1/12018?
(2) If I apply for my Indian passport after returning U.S.A on 3/9/2016 and visit U.S Customs and Border Protection office in Texas, will they stamp I-94 on my NEW passport with validity until the expiry of my I-797?
(1) When I return to U.S on 9/15/2016,Will the immigration officer at port-of-entry stamp I-94 with expiry date of my current passport which is 9/15/2016 OR he will take into account the expiry date of my NEW passport and hence stamp I-94 with validity of my I-797 which is 9/1/12018?
(2) If I apply for my Indian passport after returning U.S.A on 3/9/2016 and visit U.S Customs and Border Protection office in Texas, will they stamp I-94 on my NEW passport with validity until the expiry of my I-797?
H Visas: Renewal of Passport with New H-1b Stamp Before and After Return to U.s.a
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