H1 premium processing for H1 extension Denied


MPL

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Hi Team,

I have seen your team responding to many of the concern's related to H1 petition, would appreciate if you can give a quick suggestion.

My H1 got denied on 31st August 2018 and i flew back to my home country. I am in the process of re-filing the H1 petition. I want to check if i could still file in premium, the Sep 11 guidelines related to premium processing are not so clear. I am H1-cap exempt and i am still left with 3yrs to max out. 

My new H1 petition would be for the same client, same profile, same location (everything being same), can i opt for premium processing?

Thanks for your response.

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3 hours ago, MPL said:

Hi Team,

I have seen your team responding to many of the concern's related to H1 petition, would appreciate if you can give a quick suggestion.

My H1 got denied on 31st August 2018 and i flew back to my home country. I am in the process of re-filing the H1 petition. I want to check if i could still file in premium, the Sep 11 guidelines related to premium processing are not so clear. I am H1-cap exempt and i am still left with 3yrs to max out. 

My new H1 petition would be for the same client, same profile, same location (everything being same), can i opt for premium processing?

Thanks for your response.

Only the extensions for Nebraska. Not the new H1B's or Transfers.

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On 9/18/2018 at 11:01 PM, skolla said:

Hi Team,

Thanks for the above response. 

My situtation is that my PERM is approved and my I140 has an RFE to which the company is collecting documents to respond. If i leave my employer in less than 180 days after I140 is approved, (may be month after the 1-140 approval) 

a) Do i lose the advantage of extension beyond 6yrs assuming the employer revokes the I-140

b) Would i be able to use the priority date in future 

Appreciate your help, let me know if i need to pay any fees for these suggestion. 

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On 9/21/2018 at 5:57 PM, MPL said:

Thanks for the above response. 

My situtation is that my PERM is approved and my I140 has an RFE to which the company is collecting documents to respond. If i leave my employer in less than 180 days after I140 is approved, (may be month after the 1-140 approval) 

a) Do i lose the advantage of extension beyond 6yrs assuming the employer revokes the I-140

==> As per the rule 'YES'

b) Would i be able to use the priority date in future 

==> No,  If the employer revokes

Appreciate your help, let me know if i need to pay any fees for these suggestion. 

 

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