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Hi Experts,
I need your advice over my current situation.
I had a H1B petition approval from Sept 2010 till Sept 2013 from previous company. Due to some reasons Visa was not stamped against this petition and I never travelled to US. I had joined new company in 2015.
I read on internet that the same petition can be used and I can apply for Out of Cap till a period of maximum 3 years from its expiry, I.e. till Sept 2016. Is this correct ?
Also, if I am eligible for Out of cap I have one more problem, my passport is due to expire in June 2016. I have applied for new passport, but it may take around 15-20 days to get it (under normal quota). Can I ask my current employer to file for a fresh H1B petition now against my expiring passport and then maybe get Visa Stamped on my new passport. Do you see any issue here ?
Within what range do we need passport validity for H1B fresh filing against out of Cap ?
Also if I assume I am out of Cap till Sept 2016, is there any rule that I should apply before 6 months of expiry of this period ?
Pls help me with these questions.
Thanks,
Rajesh
I need your advice over my current situation.
I had a H1B petition approval from Sept 2010 till Sept 2013 from previous company. Due to some reasons Visa was not stamped against this petition and I never travelled to US. I had joined new company in 2015.
I read on internet that the same petition can be used and I can apply for Out of Cap till a period of maximum 3 years from its expiry, I.e. till Sept 2016. Is this correct ?
Also, if I am eligible for Out of cap I have one more problem, my passport is due to expire in June 2016. I have applied for new passport, but it may take around 15-20 days to get it (under normal quota). Can I ask my current employer to file for a fresh H1B petition now against my expiring passport and then maybe get Visa Stamped on my new passport. Do you see any issue here ?
Within what range do we need passport validity for H1B fresh filing against out of Cap ?
Also if I assume I am out of Cap till Sept 2016, is there any rule that I should apply before 6 months of expiry of this period ?
Pls help me with these questions.
Thanks,
Rajesh
