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Winning spirit

H1B extension denied, wife on H1, 8th year extension

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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

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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. 

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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.

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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.

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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.

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School has already started. NO reputable institution will admit you at this late date.  You cannot work on "distance learning" while in F1 status.

 

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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.

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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.

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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.

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