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Thread: Apply H1B with an expired passport?

  1. #1
    Join Date
    May 2011
    Posts
    1

    Default Apply H1B with an expired passport?

    My brother is in an interesting situation, I hope someone can help with this issue.

    My brother is in the U.S. already, he came here on an F1 visa about 6 years ago. He graduated 6 months ago, and is working with his OPT. His passport expired around October of last year, but he didn't realize it until now.

    His company might be willing to apply H1B for him, but Taiwanese government will only issue him a temporary passport (valid for 6 months) because he hasn't served in the military (and is no longer a student).

    So... can the company apply H1B for him even though he doesn't have a valid passport (and the passport will only last for 6 months)? If so, how will this impact his green card application later on?
    Last edited by changjoe; 05-19-2011 at 12:36 PM.

  2. #2
    Join Date
    May 2004
    Posts
    8,846

    Default

    H1 petition may get approved without the Passport , with the current active passport, but he may not be able to get the Visa stamp unless he has passport valid.
    You may want to check solution from an immigration lawyer.
    -Murali
    Note: No Legal Advice.

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