Winning spirit Posted January 16, 2014 Report Share Posted January 16, 2014 Hi, My H1B extension is denied while recapturing time spent outside of the country. I do not have the refusal reason yet. I do not have my I-140 approved, perm pending more than a year. My wife is on H1B. What are my options? Please advise asap. Thanks Link to comment
jairichi Posted January 16, 2014 Report Share Posted January 16, 2014 Hi, My H1B extension is denied while recapturing time spent outside of the country. I do not have the refusal reason yet. I do not have my I-140 approved, perm pending more than a year. My wife is on H1B. What are my options? Please advise asap. Thanks Without knowing the details of denial not much could be said. Based on denial notice we could guess whether your PERM could be denied. Move to H4. Link to comment
rahul412 Posted January 16, 2014 Report Share Posted January 16, 2014 Hi, My H1B extension is denied while recapturing time spent outside of the country. I do not have the refusal reason yet. I do not have my I-140 approved, perm pending more than a year. My wife is on H1B. What are my options? Please advise asap. Thanks H4. Link to comment
Winning spirit Posted January 18, 2014 Author Report Share Posted January 18, 2014 I do not have the denial letter yet. My attorney is saying that I should go to India. Then file a new H1B based on 1 year pending PERM, get it stamped and then come back. I am worried about stamping. Are any of the below options better. 1. If I file COS from H1 to H4, and simultaneously file my new H1B petition in Premium Processing and when I get H1B petition approved then revoke the COS to H4. This way I might be able to save trip to India and H1B stamping complications. If the H1B gets approved with the need for stamping, I can then travel for a week to India and get the visa stamped. Also, that way in case the H1B petition is not favorable, I am not stuck in India. Is this a possibility? If so, what are the complications. 2. If I find some university that does F1 for Masters that might be faster than COS to H4(COS from H1 to H4 takes 6-8 weeks I believe) and I will not be out of status. Once I get F1 then we can apply for H1B and change my studies to distance learning so I can get back to work. Is this a possibility? If so, what are the complications. Link to comment
Winning spirit Posted January 18, 2014 Author Report Share Posted January 18, 2014 In case my employer decides not to file my new H1B, can some other employer file that for me? Link to comment
jairichi Posted January 18, 2014 Report Share Posted January 18, 2014 I do not have the denial letter yet. My attorney is saying that I should go to India. Then file a new H1B based on 1 year pending PERM, get it stamped and then come back. I am worried about stamping. Are any of the below options better. 1. If I file COS from H1 to H4, and simultaneously file my new H1B petition in Premium Processing and when I get H1B petition approved then revoke the COS to H4. This way I might be able to save trip to India and H1B stamping complications. If the H1B gets approved with the need for stamping, I can then travel for a week to India and get the visa stamped. Also, that way in case the H1B petition is not favorable, I am not stuck in India. Is this a possibility? If so, what are the complications. 2. If I find some university that does F1 for Masters that might be faster than COS to H4(COS from H1 to H4 takes 6-8 weeks I believe) and I will not be out of status. Once I get F1 then we can apply for H1B and change my studies to distance learning so I can get back to work. Is this a possibility? If so, what are the complications. 1. If same employer applies for H1B when you are in US or India and if nothing has changed from your previous H1B petition most likely your petition would be denied again. What makes you attorney think it would get approved if applied from India? What makes you think it would get approved if applied again when you are in US? 2. That is a very bad idea. If you do that you are digging your own grave for your future life in US. Wait for the reason for denial. Meantime you have to seriously consider moving to H4. Link to comment
t75 Posted January 19, 2014 Report Share Posted January 19, 2014 School has already started. NO reputable institution will admit you at this late date. You cannot work on "distance learning" while in F1 status. Link to comment
Advaita Posted March 1, 2015 Report Share Posted March 1, 2015 Hi, My H1B extension is denied while recapturing time spent outside of the country. I do not have the refusal reason yet. I do not have my I-140 approved, perm pending more than a year. My wife is on H1B. What are my options? Please advise asap. Thanks Hi Winning spirit, I am in a exactly similar situation. My H1B extension is denied. My PERM is pending for about 2 years. Still do not know the H1B denial reason. My wife is on H1B. What are my options? Please advise. Link to comment
jairichi Posted March 1, 2015 Report Share Posted March 1, 2015 Hi Winning spirit, I am in a exactly similar situation. My H1B extension is denied. My PERM is pending for about 2 years. Still do not know the H1B denial reason. My wife is on H1B. What are my options? Please advise. Move to H4 status. Link to comment
rahul412 Posted March 2, 2015 Report Share Posted March 2, 2015 Hi Winning spirit, I am in a exactly similar situation. My H1B extension is denied. My PERM is pending for about 2 years. Still do not know the H1B denial reason. My wife is on H1B. What are my options? Please advise. Please read the above posts. Link to comment
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