H1B change of employer DENIED and immediately filed 2nd petition and it got approved (I94 valid)


Vamsi_aries

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Hi All,

Year 2019: H1 transfer denied after RFE response and immediately employer placed another petition in premium processing and it got approved in 5 days and again started working. I94 was valid and the denial notice was not received yet at the time of filing the 2nd H1 petition but online shows denied.

Year 2020: I140 got approved; and Amendment and H1B extension also got approved with the same employer.

Year 2020: Change of employer and this H1B also got approved until 2023.

Questions:-

Planning to travel to India, would there be any issue during visa stamping if questioned about H1 change of employer denial in 2019 and status related questions (as we do not get any I797 but just the I797C courtesy copy for that period). Attorney says USCIS normally asks for the latest I797 copy and employment letter etc but do not ask for any such previous denials and nothing to worry unnecessarily. Please provide insights if you have faced or aware of such situation. 

 

 

Edited by Vamsi_aries
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  • Vamsi_aries changed the title to H1B change of employer DENIED and immediately filed 2nd petition and it got approved (I94 valid)

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