H4 - H1 : Will there be any issues - Please reply....

[Ethannag]

Hi,

I worked in USA for 3 years and my H1 petition was valid till June 2011. I went to india on Jan 2011 and been rejected for h1b visa.

I came back to USA May 2011 on H4 visa and planning to do job.

My questions are:

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Is it possible to file for new H1b with different employer and start working, considering my past 3yrs work experience in USA OR should i wait for October quota??

Is it possible to get my Extension based on my rejected H1 petition(which was valid till june 2011)??

Also please let me if there will be any issues while filing my new H1b with different employer??

Would be thankful who answers.

Best Regards

Ethan

[mashmit2002]

Since your H1 was rejected and you don't have a valid H1 now, your only option is to apply for fresh H1 which starts on Oct 1st.

It is not possible to get extension on a rejected petition.

The issues are subjective, it depends on the job for which you are applying, the requirement and the validity of the employer. Your existing H1 rejection should not affect the new application.

[Ethannag]

Thank you.

But when i searched in google found that once H1b is counted in cap, we can apply for H1b and is eligible to work for 6yrs i heard??

Please clarify...

Best Regards

Ethannag

[pontevecchio]

For heavens sake............ It is so easy to answer in a forum. Please make sure you know what you are commenting on.

"Is it possible to file for new H1b with different employer and start working, considering my past 3yrs work experience in USA OR should i wait for October quota?? "

You have been cap counted. ANY H1 sponsor can file and get a H1 petition approved for you and then you can come over at any time with the H1 visa to start work for the sponsor.

"Is it possible to get my Extension based on my rejected H1 petition(which was valid till june 2011)??"

No Offense. You seem to have no clue about the H1. Basically you have been cap counted. A transfer is also a new H1 petition and the word is only applied for a person in H1 status in the USA who changes Employers based on a filed and approved H1 petition with that Employer with a valid new I94.

"Also please let me if there will be any issues while filing my new H1b with different employer??"

That will depend on Employer and Employee credibility and documentation.

[t75]

It may affect your ability to get a new stamping if the reason for the rejection was employee's qualifications and not employer's ability to provide qualifying job.