H1b stamping if applying in Out Of CAP

USA H1B Visa
1

I have valid H1b till Nov-2013 and I came to India in July-2013.My project requires me to travel back to US in April-2014 and want me to use the Out Of CAP quota instead of extending my current visa.

Do I need to appear for stamping in India for my current visa (valid till Nov-2013) even though I do not have plans to travel within November ? If I do not appear for stamping, will that affect my process when applying for H1b in Out Of CAP ?

Many Thanks

Mohamed Khan

2

You don’t need to appear for stamping until the current visa stamp is valid.

Once it expires, you will have to appear for stamping. At that point, you will need an unexpired approved petition. This means, if the cap-exempt petition is filed after Nov 2013, you need to get it approved first, then appear for stamping and finally travel to US.

Does that clarify?