Indian on H1B visa, traveling to Europe. Schengen visa question

Question

1. My i-797 expires in Sep 2018
2. My US Visa (H1B) expires in Sep 2018
3. My previous passport expires in June 2017
4. I have renewed my Indian Passport which is valid until 2027 The last time I entered the US, I had my old passport (expiring in June 2017) and despite my Visa stamp showing a validity till Sep 2018, the officer at the port of entry stamped and wrote the date of my passport expiry i.e June 19 2017.

With my plans to travel to Europe in May 2017, will I have a problems in getting a Schengen Visa with this manual stamp date that the officer wrote, given the date he wrote says June 2017. I don't want to book a ticket and then have my visa rejected.

Please advice.

Thanks!

Answer 1

Consulates operating in the US know that it is possible (and in some situations common) to change or update one's non-immigrant status while inside the US, and that nothing is stamped in a passport in that case, so they will not attempt to decide the legality of your stay in the US just based on passport stamps.

What a Schengen consulate will need to know for a visa application is that

• You are legally present in the US at the time you apply, and that
• You are almost certain to be allowed back into the US after your proposed trip to the Schengen area.

To the extent the contents of your passport does not itself document these facts, you should enclose whatever additional documents are necessary with your visa application.

I cannot tell whether the passport stamp means you're in an uncertain immigration state independently of your travel plans. The expertise about H-1B status is found at Expatriates; you might consider asking there whether the documentation you have is sufficient to re-enter the US after your May trip, or you need to do something active to get it in order before you go. If you need that, do it early enough that you can enclose the result with your visa application.