I believe you have already helped my case via email through my company, thank you for that! I just happened to see you here by coincidence and thought it would be a great chance to clear some of the follow-up queries I had:
I just received a Job Offer from a CA-based startup. Here is a refresher of my H1B case:
1. My H1B stamping expired in Sept 2015, but I understand that the petition is valid till Sept 2018 as it was approved in Sept 2012
2. I spent only 1 of the total 6 years working in the States, so there are a remaining 5 years of time that can be 'reclaimed' on the Petition
3. I was issued an L2/B2 Visa in 2016, at which point the H1B was stamped 'Cancelled without prejudice' (the original stamping had expired by that point anyway).
4. I understand that I fall into the category that is referred to as 'Cap Exempt' and a new H1B petition needs to be filed with the same petition id.
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My questions are:
1. I understand that there is no provision for unmarried partners to get H4 Dependent Visas in the US, even if they are long-term partners. Could you please verify this?
2. My girlfriend and I have been together for ~10 years now and plan to get married sometime soon (in the next 2 months), primarily so that we can be together once I move there. Is there any restriction/complication for newly married couples to emigrate? In the UK, I know that there is extra scrutiny for newlyweds.
3. Because my first H1B stamping has expired (and was 'Canceled without Prejudice' when I was issued my B1/B2), I am assuming that I will need to get a new stamping, and for that, I will need to travel to the nearest US Consulate. Could you please verify this?
4. My Passport expires in July 2019. I understand from research that the Passport needs to be valid for the entire duration of the intended period of stay. Would you recommend I apply for a fresh passport (I will be only able to apply on the 12th of July as in India you can apply for a fresh passport only 1 year before your existing one expires)? The process takes a 15 - 20 days.