H1-B Petition Approved but COS - Denied

[rebelloenclave]

Sorry if this is repost for the similar question posted/asked earlier. Apologize in advance!
 

I have applied for H1B with COS from L1B to H1B through a sponsor.My petition got approved (have valid I-797) but the COS was denied as I traveled outside US(since my l1b extension denied have to travel) during the petition was in process.

 

Since my L1B extension got i denied i havetravelled to Indian and came back to US now on H4 (spouse working on H1).Socurrently in US on H4 with approved petition.

 

Now I have few questions in mind which you guys could help

1. Attorney said that we can refile H1B now once i get the project. what are the chances of my refiling get apprved?

2. Any other recommendations in getting the process smoother which would help not getting stuck in admin processes or RFE?

Thanks for your time.
Regards.
R.

[pontevecchio]

Leave and return with the H1 visa.

[jairichi]

Sorry if this is repost for the similar question posted/asked earlier. Apologize in advance!

 

I have applied for H1B with COS from L1B to H1B through a sponsor.My petition got approved (have valid I-797) but the COS was denied as I traveled outside US(since my l1b extension denied have to travel) during the petition was in process.

 

Since my L1B extension got i denied i havetravelled to Indian and came back to US now on H4 (spouse working on H1).Socurrently in US on H4 with approved petition.

 

Now I have few questions in mind which you guys could help

1. Attorney said that we can refile H1B now once i get the project. what are the chances of my refiling get apprved?

2. Any other recommendations in getting the process smoother which would help not getting stuck in admin processes or RFE?

Thanks for your time.

Regards.

R.

You can exit US and return with a H1B visa. But, what do you mean by "attorney said that we can refile H1B once I get the project"? Do you have a project now or you have to start looking for a project from now?

[rebelloenclave]

i have to start looking for the project now. Once i get the project will re file H1B so that i can start work from 1st Oct.

[JoeF]

i have to start looking for the project now. Once i get the project will re file H1B so that i can start work from 1st Oct.

Actually, it is the employer's task to find a project for you.

You can NOT "start looking" for a project. Doing so would be work, and on H4 you can NOT work at all. You would get into lots of trouble for working without authorization.

 

I suggest you find a better employer, one who doesn't tell you to break the law.

[rebelloenclave]

Actually, it is the employer's task to find a project for you.

You can NOT "start looking" for a project. Doing so would be work, and on H4 you can NOT work at all. You would get into lots of trouble for working without authorization.

 

I suggest you find a better employer, one who doesn't tell you to break the law.

You are absolutley correct . Yes my employer will find the project and other refiling stuff. I am not going to work on H4.My only focus now is to complete re filing process smoothly. So did you come across this case in the past? if yes please let me know what may happen ?