Bala Moorthy Posted January 18, 2018 Report Share Posted January 18, 2018 I am in my 6th year of H1 b with Company A and they filed my extension in Jan. It currently went into RFE "Specialty Occupation". Can Company A or any new Employer file a fresh H1 b based on my I 140 if this gets denied? Link to comment
satya2k1 Posted January 19, 2018 Report Share Posted January 19, 2018 18 hours ago, Bala Moorthy said: I am in my 6th year of H1 b with Company A and they filed my extension in Jan. It currently went into RFE "Specialty Occupation". Can Company A or any new Employer file a fresh H1 b based on my I 140 if this gets denied? Yes. However, if your I-94 is expired then you will be out of status, and H1 petition will be filed as consular processing, that means you have to travel abroad and get a h1 visa stamp in passport to re-enter the US. Link to comment
Bala Moorthy Posted January 19, 2018 Author Report Share Posted January 19, 2018 Thanks for the response Satya. Will there be any difficulty in getting stamped due to earlier denials? Link to comment
Anilkumar Chandolu Posted January 22, 2018 Report Share Posted January 22, 2018 On 1/19/2018 at 11:04 AM, satya2k1 said: Yes. However, if your I-94 is expired then you will be out of status, and H1 petition will be filed as consular processing, that means you have to travel abroad and get a h1 visa stamp in passport to re-enter the US. i have a similar case but i have a valid stampping, do i still need to go to home country for stamping Link to comment
satya2k1 Posted January 22, 2018 Report Share Posted January 22, 2018 On 1/19/2018 at 1:25 PM, Bala Moorthy said: Thanks for the response Satya. Will there be any difficulty in getting stamped due to earlier denials? There is no empirical formula to estimate success rate of stamping. It totally depends on your ability to convince the visa officer. Link to comment
satya2k1 Posted January 22, 2018 Report Share Posted January 22, 2018 1 hour ago, Anilkumar Chandolu said: i have a similar case but i have a valid stampping, do i still need to go to home country for stamping I have responded to your query in other posting. check it out. Link to comment
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