Visa Denial

[maxy6667]

I went for a visa stamping in New Delhi in March and they took my documents and asked for a week to notify the decision. After a week I received a letter of denial saying that they feel the client has more control than the employer which is against the H1B rule. I have been working from home since then. My company attorney said that they could file an MTR once they receive the notification from USCIS which didn't happen till now. Now they have decided to apply for a new H1B in premium processing so that the previous case can move fast. In the first place what are the chances of getting a visa stamped the 2nd time as I am applying through the same employer? Will I come under the H1 quota if I want to apply a new H1 through a different employer?

[itsmylife1980]

Hi,

For new h1 in your case, you wont come in quota. you can apply for premium processing if you want with same employer/new employer.

chances again are dependent on how your attorney file it.. how you provide all the propoer documentation.

good luck

[maxy6667]

Thank you for the reply.

I have an other option of going for a F1 visa as I have an admission in hand. If at all I go this route I would like to apply for a new H1 immediately after I land in the US. Is this even possible, if yes, is this a better option? Since I will land in this US on an F1 visa, will I still not come under the quota?

[Diorsdune]

@ maxy6667 - Based on what I've read on murthy forum.. it will be no good if you re-apply with the same employer. A new employer is the way to go. Secondly, your petition will not be subject to the cap. Finally, the best option is to re-apply for a new h1 with a new employer, even more so if you intend to apply for an H1 soon after getting to US on F1.

Please can you share the questions you were asked along with your responses.

Thanks ahead.

[maxy6667]

@thank you Disordune. I will share the qstn and answers in a day or two.

I understand that my petition will not be subject to cap if I apply a new H1 now. But will I not fall under the quota even if I go to US on an F1 and then convert to H1?