H1B Denied Case & Name Change outside US

[Samarth Agarwal]

1. While residing in the United States, converted from F1 Visa to H1B visa effective Oct 1, 2015
2. H1B amendment was rejected on the basis of "Not qualify as a specialty occupation" on June 5, 2018
3. Received information from my organization on June 14, 2018
4. My I-94 was expired so I left the United States (for India) on June 22, 2018
5. Secondly, changed my Last name from "Rahul Kumar" to "Rahul Agarwal" and updated on Indian Passport on May 15, 2020

Please suggest if H-1B CAP exempt (Amendment + Extension overseas notification) can be filled and approved by USCIS? If so, as per Rules effective 01/17/2017, do I have certain time bound to apply for an H1B CAP exempt petition?

Edited April 24, 2021 by Samarth Agarwal

[Samarth Agarwal]

Instead of I-140, I mean I-94 was expired. Sorry!!

 

1. While residing in the United States, converted from F1 Visa to H1B visa effective Oct 1, 2015
2. H1B amendment was rejected on the basis of "Not qualify as a specialty occupation" on June 5, 2018
3. Received information from my organization on June 14, 2018
4. My I-94 was expired, so I left the United States (for India) on June 22, 2018
5. Secondly, changed my Last name from "Rahul Kumar" to "Rahul Agarwal" and updated on Indian Passport on May 15, 2020

Please suggest if H-1B CAP exempt (Amendment + Extension overseas notification) can be filled and approved by USCIS? If so, as per Rules effective 01/17/2017, do I have certain time bound to apply for an H1B CAP exempt petition?