Future Posted February 12, 2014 Report Share Posted February 12, 2014 Hi All, Can any one guide me on below case, I have worked in US from 2007/May -2009/Nov, i have come to india on Nove-2009, appeared for visa extension at US consulate and it has got revoked on Mar/2010, My employer filed amendment based on Client letter, after some time the case got closed, Now some other employer want to file a H1b for me, Question - Will i come under New H1b Quota or Still i can be consider for Extension ?? Your guidance here is appreciated Link to comment
pontevecchio Posted February 12, 2014 Report Share Posted February 12, 2014 The new employer can file a H1 petition for you non cap and you can get the visa ands come over after approval. Link to comment
L2EADGC Posted February 12, 2014 Report Share Posted February 12, 2014 Any employer can file ur case as CAP Exempt. Link to comment
Future Posted February 13, 2014 Author Report Share Posted February 13, 2014 Thanks Guys for your response, Dear Members, I am looking for some more responses. Link to comment
pontevecchio Posted February 13, 2014 Report Share Posted February 13, 2014 Why? You can get 3.5 years non cap or a fresh 6 years if a cap subject H1 is filed in April for a start date in October. Link to comment
t75 Posted February 13, 2014 Report Share Posted February 13, 2014 You will get remainder of 6 years unless a new petition is filed under quota for Oct 1 start when you get 6 years max Link to comment
prasanjitdeka Posted February 14, 2014 Report Share Posted February 14, 2014 Hello Every One , Please help me on my query , as i am in weird situation. 1 :My H1B was expired on 15April 2013(same date in I94 also) .Before that my company applied for Extension also . 2:On 20thOct 2013 i got REF , And i asked my company "Do i need to submit any document" , They say no we will take care. 3:On 6th Nov 2013 , i got news that my extension was denied but got petition approval upto 2016 along with I-797B. 4:SO on 17th Nov 2013 i came back to India. 5:Now my company again file h1b in PP against I-797B , after 15 days i again got REF. 6:REF (Asking for my pay Stub from Feb 2013 to Nov 2013). 7:Attorney responded REF on 15th Jan 2014. 8:My Question ,as this is in PP processing ,still now i am not getting any response .Its still showing Acceptance status. Waiting for your response Thanks Link to comment
jairichi Posted February 14, 2014 Report Share Posted February 14, 2014 Hello Every One , Please help me on my query , as i am in weird situation. 1 :My H1B was expired on 15April 2013(same date in I94 also) .Before that my company applied for Extension also . 2:On 20thOct 2013 i got REF , And i asked my company "Do i need to submit any document" , They say no we will take care. 3:On 6th Nov 2013 , i got news that my extension was denied but got petition approval upto 2016 along with I-797B. 4:SO on 17th Nov 2013 i came back to India. 5:Now my company again file h1b in PP against I-797B , after 15 days i again got REF. 6:REF (Asking for my pay Stub from Feb 2013 to Nov 2013). 7:Attorney responded REF on 15th Jan 2014. 8:My Question ,as this is in PP processing ,still now i am not getting any response .Its still showing Acceptance status. Waiting for your response Thanks After your point 4 why you did not go to US consulate for H1B visa stamping and enter US with I797B? Link to comment
prasanjitdeka Posted February 14, 2014 Report Share Posted February 14, 2014 After your point 4 why you did not go to US consulate for H1B visa stamping and enter US with I797B? No as my VISA for expired on 15th April 2013, and before that Company applied for extension , but i got denied response on 6th Nov 2013 and came to India on 17th Nov 2013. But my company say if you go for stamping they will reject it. so we need to appeal for denied for extension to stay. Link to comment
jairichi Posted February 14, 2014 Report Share Posted February 14, 2014 No as my VISA for expired on 15th April 2013, and before that Company applied for extension , but i got denied response on 6th Nov 2013 and came to India on 17th Nov 2013. But my company say if you go for stamping they will reject it. so we need to appeal for denied for extension to stay. I am confused here. You said in your initial post your petition was approved but extension was denied? What do you mean by that? If you mean that you received approval of petition but received I797 without an I94 you just need to exit and enter US with a valid H1B visa. Link to comment
prasanjitdeka Posted February 16, 2014 Report Share Posted February 16, 2014 I am confused here. You said in your initial post your petition was approved but extension was denied? What do you mean by that? If you mean that you received approval of petition but received I797 without an I94 you just need to exit and enter US with a valid H1B visa. Yes , In my I-797B its say Notice Type: Aproval Notice Class:H1B Valid from :10/30/2013 to 04/14/2016 Consulate:Mumbai But i don't know why my company say " if you go for stamping they will reject it." So they file another H1b request in PP "Classification sought: H1B ". There i got RFE , asking for payslip only.After that 15th day calender almost over i have't got any response as its showing "Acceptance" status in USICS web site Link to comment
jairichi Posted February 16, 2014 Report Share Posted February 16, 2014 Yes , In my I-797B its say Notice Type: Aproval Notice Class:H1B Valid from :10/30/2013 to 04/14/2016 Consulate:Mumbai But i don't know why my company say " if you go for stamping they will reject it." So they file another H1b request in PP "Classification sought: H1B ". There i got RFE , asking for payslip only.After that 15th day calender almost over i have't got any response as its showing "Acceptance" status in USICS web site It is very surprising that your employer advised you not to go for stamping with the fear of it being rejected. Wait for USCIS decision. Start looking for an employer who is confident in his/her activities. Link to comment
prasanjitdeka Posted February 18, 2014 Report Share Posted February 18, 2014 As i mention my visa get expired on 15th April 2013, denied response came on 6th Nov 2013 and came back to India on 17th Nov 2013. Nov 6th 2013 denied notice In my I-797B its say Notice Type: Aproval Notice Class:H1B Valid from :10/30/2013 to 04/14/2016 Consulate:Mumbai Question: 1:Did i break any law staying upto 17th Nov 2013 as i get denied notice on 6th Nov 2013.? 2:Do i need to take approval for "out of status" from USCIS? 3:How comfortably i go for stamping with above 1-797B notices.(Which i got 6th Nov 2013 as denied notice)? Link to comment
jairichi Posted February 18, 2014 Report Share Posted February 18, 2014 As i mention my visa get expired on 15th April 2013, denied response came on 6th Nov 2013 and came back to India on 17th Nov 2013. Nov 6th 2013 denied notice In my I-797B its say Notice Type: Aproval Notice Class:H1B Valid from :10/30/2013 to 04/14/2016 Consulate:Mumbai Question: 1:Did i break any law staying upto 17th Nov 2013 as i get denied notice on 6th Nov 2013.? 2:Do i need to take approval for "out of status" from USCIS? 3:How comfortably i go for stamping with above 1-797B notices.(Which i got 6th Nov 2013 as denied notice)? Only COS part of H1B petition was denied and not H1B. 1. You should be fine. 2. Not necessary. 3. Should not be a problem as long as you have all required documents. Link to comment
prasanjitdeka Posted February 18, 2014 Report Share Posted February 18, 2014 Only COS part of H1B petition was denied and not H1B. 1. You should be fine. 2. Not necessary. 3. Should not be a problem as long as you have all required documents. But my employer say you are in "out of status". So we need a approval on your "out of status". That's why they file new H1B to clear my out of status. Link to comment
jairichi Posted February 18, 2014 Report Share Posted February 18, 2014 But my employer say you are in "out of status". So we need a approval on your "out of status". That's why they file new H1B to clear my out of status. When you are out of status in US you just need to exit and enter US with a new valid visa and approval notice. There is no need to file a new H1B petition. I would suggest you to talk to an independent immigration attorney. Link to comment
prasanjitdeka Posted March 2, 2014 Report Share Posted March 2, 2014 Hi All, here is my petition details Notice Type: Aproval Notice Class:H1B Valid from :10/30/2013 to 04/14/2016 Consulate:Mumbai As its mention Mumbai consulate , can i go for stamping in Delhi consulate as my present location is in Noida(NCR).? Note:My case is H1B extension Link to comment
jairichi Posted March 2, 2014 Report Share Posted March 2, 2014 Hi All, here is my petition details Notice Type: Aproval Notice Class:H1B Valid from :10/30/2013 to 04/14/2016 Consulate:Mumbai As its mention Mumbai consulate , can i go for stamping in Delhi consulate as my present location is in Noida(NCR).? Note:My case is H1B extension You need to go to Mumbai. Link to comment
prasanjitdeka Posted March 3, 2014 Report Share Posted March 3, 2014 Hi All, here is my petition details Notice Type: Aproval Notice Class:H1B Valid from :10/30/2013 to 04/14/2016 Consulate:Mumbai As its mention Mumbai consulate , can i go for stamping in Delhi consulate as my present location is in Noida(NCR).? Note:My case is H1B extension Link to comment
prasanjitdeka Posted March 3, 2014 Report Share Posted March 3, 2014 You need to go to Mumbai. I talked to customer care center "they say you can go to Delhi consulate" no any issue . Link to comment
jairichi Posted March 4, 2014 Report Share Posted March 4, 2014 I talked to customer care center "they say you can go to Delhi consulate" no any issue . If they say so then go ahead. I would trust them in this case. Link to comment
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