H1 Refused -> H4 -> Reaffirmation


goodluckishere

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My H1 was refused under 221g in Jan 2012 and has been sent back to USCIS for review. I have resigned and will be travelling back to US on H4. My employer is willing to rehire; but the attorney says that there is high probability of rejection.

My H1 has been sent back to USCIS for review and is now under "Acceptance" status. Can the employer reaffirm my case and rehire me based on reaffirmed petition? Or they cant hire me as I have resigned before the case get reaffirmed.

Please advise.

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Because your resigned, your employer may have indicated in their reply that you are no longer working and that the case be closed / H1 terminated. IF they have done that, not sure if you will get a re-affirmed petition, but If you do get a re-affirmed petition you can certainly do a COS and work for your employer

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