us consular visa stamp, h1b approval???


kauphy

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I have perm labor pending from company A and its been 365 days from the day of filing, can my new company C file a NEW h1b petition based on my perm pending from company A, I am currently in India as my recent H1B transfer from company A to company B got denied and i did not want to accrue any out of status and hence left USA. A new company is filing my new H1B petition from USA. I wanted to know if I need to go to US consulate processing in India after my H1B approval as I have a visa stamping on my passport until May 2015 from company A. Company A revoked my H1B on Dec 31, 2013. 

1. will i surely get 1 yr extension BASED ON PERM LABOR PENDING???PLEASE LET ME KNOW

2. My question is - since I already have a visa stamping on my passport until May, 2015. can I show my new company's I-797 approval at the port of entry without going to consular processing in India.

 
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