You renewed your Indian passport. Your H-1B visa stamp is in the old one, and it's still valid for another year. Do you need a new stamp? Can you travel with the old passport?
As of November 2, 2026, here is what the rules say.
- An unexpired US visa remains valid even if the passport it's stamped in has expired.
- You must also hold a valid passport issued by the country of your nationality.
- Travelers can present two passports: one with the visa, one meeting the passport requirement.
- The new passport must show the same nationality as the one with the visa.
- Admission isn't granted beyond the passport's actual expiration date.
- India is on the State Department's list of countries whose passports are treated as valid six months beyond expiry.
Is a visa in an expired passport still valid?
Yes. The State Department's visa regulation says: "An unexpired visa is valid for application for admission even if the passport in which the visa is stamped has expired, provided the alien is also in possession of a valid passport issued by the authorities of the country of which the alien is a national" (22 CFR 41.112(b)(3), eCFR).
So you travel with both. The State Department's manual describes the same setup: "an individual can present two passports; one which fulfills the visa requirement and the other the passport requirement" (9 FAM 403.9-3(B)). There's no need to transfer the stamp.
One condition: "The nationality, as indicated in the new passport, must be the same as that shown in the passport bearing the visa foil."
What should you carry when you travel?
- Your new, valid passport.
- Your old passport with the unexpired visa. Don't cut or cancel the visa page.
- Your I-797 approval notice and other documents for your status.
- Proof of a name change, if your name differs between passports.
If the old passport was physically cancelled when you renewed, check that the visa page itself is intact before you travel. Our guide to renewing an Indian passport in the US covers the renewal itself.
Can an expiring passport shorten your stay?
Yes, and this catches people out. The manual tells consular officers to inform travelers "that admission into the United States will not be granted by the immigration authorities for a period extending beyond the actual expiration date shown in the passport, and that their stay in the United States cannot be extended beyond that date until an extension of the validity of the passport has been obtained" (9 FAM 403.9-3(B)(2)).
That's why an H-1B worker with three years of approval can come back from a trip with an I-94 that ends on the passport's expiry date. Renew your passport before a trip if it will expire within your approved period, and check your I-94 after every entry. Our guide to an expired visa with a valid I-94 explains why the I-94 date is the one that matters. If you travel often, our guide to Global Entry for Indian citizens and green card holders explains the kiosk route and its visa-update rule.
What is the six-month rule, and does it help Indians?
Partly. Some countries have arrangements under which "their passports are recognized as valid for return to the country concerned for six months beyond the expiration date specified in the passport." India is on the State Department's list (9 FAM 403.9-3(B)(2)).
That arrangement mainly affects the passport validity requirement for issuing a visa. It doesn't stretch your stay: the same section says admission won't go beyond the actual expiration date in the passport.
Does the visa's expiry date limit how long you can stay?
No. The regulation says "the period of validity of a nonimmigrant visa is the period during which the alien may use it in making application for admission," and "has no relation to the period of time the immigration authorities at a port of entry may authorize the alien to stay in the United States" (22 CFR 41.112(a)).
So a visa that expires next month only matters for your next entry. If it has expired, you'll need a new stamp before traveling abroad and returning, except in limited cases such as short trips to Canada or Mexico. Our guides to H-1B visa stamping and automatic visa revalidation cover both.
What this means for you
- A valid visa in an old passport still works.
- Travel with both passports; no transfer is needed.
- The two passports must show the same nationality.
- Renew your passport early so it doesn't cut your I-94 short.
- The visa's expiry date controls entry, not the length of your stay.
Where to start
Visa stamps, passport dates and I-94s are a permanent part of life on H-1B until you get a green card. Our free evaluation at /evaluate/ checks whether EB-1A or the NIW fits your profile, and Frank, our AI assistant at /frank, helps you build the evidence. Petitions are reviewed and filed by our partner law firm, Lai & Turner.
Sources
All checked November 2, 2026.
- 22 CFR 41.112 (eCFR, current text). Visa in an expired passport; visa validity vs length of stay.
- 9 FAM 403.9, Passports and Other Travel Documents. Two passports; same nationality; admission limited to passport expiry; six-month list.
Frequently asked questions
Is my US visa still valid if my passport expired?
Yes, if the visa itself hasn't expired. The visa regulation says an unexpired visa is valid for application for admission even if the passport it's stamped in has expired, provided you also hold a valid passport issued by your country of nationality. Carry both passports when you travel.
Do I need to transfer my US visa to my new passport?
No. The State Department's manual says a traveler can present two passports: the one with the visa and a new one that meets the passport requirement. The nationality in the new passport must match the one in the passport with the visa. There's no transfer process for an unexpired visa.
Can my I-94 be shorter because my passport is expiring?
It can. The State Department's manual tells officers to inform travelers that admission won't be granted beyond the actual expiration date shown in the passport, and that the stay can't be extended past that date until the passport is renewed. Renew early, before a trip, so your passport doesn't cut your I-94 short.
My name changed in the new passport. Is the old visa still okay?
The visa rule requires a valid passport from the same country, and the manual requires the same nationality in both passports. It doesn't address a name change directly. Carry your marriage certificate or other proof linking the names, and if you're unsure, ask the consulate or an attorney before you travel.
What is the six-month rule for Indian passports?
The State Department lists India among countries whose passports are recognized as valid for return for six months beyond the printed expiration date. That helps when a visa is issued. But the manual still says admission to the US won't be granted beyond the actual expiration date in the passport, so don't rely on it for your stay.
Green Card Guide AI is not a law firm and this article is not legal advice. It describes evidence-building strategy in general terms; your attorney determines what belongs in your petition and how it's argued.
