Hi All,
Requesting your help for my unique case. My H1 was denied in June 2020 after my I94 expired in Sept 2019. Since I could not travel due to covid, my attorney filed a H4 COS in NPT (Nunc Pro Tunc) within 2 days. The H4 case is now pending. Employer is asking to file new H1B based on the H4 COS. Following are my questions:
1. Can the new H1B be filed as another NPT or it has to be on the H4 (yet to be approved) back to COS to H1B.
2. If the H1B can be filed as another NPT, will the dates be adjusted from I94 expiry or denial date?
3. If the H1B NPT has to be adjusted from I94 date, will it cause a risk in approval odds, as it expired last year?
4. Will this answer be any different if I file the H1B NPT with new employer?
5. Otherwise if we file the H1B as COS from the H4, which takes around 5-6months to approve, will it be a problem for the H1B to be approved?
Thanks in advance for responding to me scenario.