apply for h1b with old passport since I am yet to recieve my new passport

Hi…My passport got damaged and i have applied for a new passport last year(may 2012) but i am yet to recieve my passport.Meanwhile my employer is planning to get my h1b initiation done this year 2013.If i didnot get my passport before april1(opening of h1b cap) can i apply for h1b with my old passport??please can anyone guide me on this…thanks in advance

The attorney will probably ask you to wait till you get the new passport.

Do you mean to say there will be no issues in greeting approval, but at that time of stamping I should produce both new an o old passport??

no what i meant was your attorney won’t suggest you to give copies of damaged passport…he would probably ask you to wait till you get the new passport before even sending over the documents for H1 filling.

No… Actually I am filing it through my employer, I have the soft copies of my passport (which will be used at the time of filing)without damage and in that copy the expiry date is10/2014 ,Nor do I have cancel stamp on it.My query is can I use that passport copy which doesn’t have any trace of damage or cancel stamp on it to apply for h1 And after I get my new passport can I get the visa stamped on the new passport… Or will there be any problem for approval???

They can file it w/ current passport and when you appear for stamping you can carry both passports.

Thanks saurab…It will not affect the approval rite???

No, it will not impact the outcome.