Can we file H1B next year when H1B picked up in lottery and got denied

Visatousa

By Visatousa,
in H1B : General

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Visatousa Member

Visatousa

Posted
Posted

Hi Friends,

 

My H1B filed by an employer 'X' in 2013 has picked up in lottery and denied after two queries related to the employer in 2014 Feb'

 

Now, my question is can employer 'X' file H1B for next year without facing lottery system using same petition filed in 2013?

 

And

 

Can employer 'Y' file H1B for next year without facing lottery system using petition filed by employer 'X' in 2013?

 

Thanks!, Please suggest..

Bob_86 Advanced Member

Bob_86

Posted
Posted

Hello folks,

 

I applied for a H1 transfer and it got denied on 6/19/15 and we (I & attorney, Employer) still do not know the reason as we haven’t received the denial notice letter yet..

 

I checked online and informed to company and attorney and they said we will wait till we receive the letter and take decisions. But I'm worried about my status and want to know how can I stay in the US and get a valid Status. 

 

My first H1 was picked in the lottery in 2013 filed by Company 'A'and was approved and was activated from October '13. And later after one year, In October '14 I got a full time job in Company 'B' and had my H1 trasferred and H1 was filed sometime end of September on regular processing and I started working with just the receipt number, before getting any result(approved/rejected). And for somereason, Company was laying Off teams members all over the nation and I wanted to be safe/secured with the Status issues and so looked for a new job and got a new project as a contractor. So I left Company 'B' while the H1 was still in processing and  and filed for new H1 with Company 'C' with Premium processing and started working with the receipt number. And after I started working with Company 'C', my previous H1 with Company was Approved. And now after I applied with Company 'C', after 6 months of time and 2 RFEs H1 was denied Friday 6/19/15, and reasons are still not know at this point of time. 

 

My H1 with Company 'C' has one Prime vendor "P" and client "T". 

First RFE said they need prime vendor's letter, as it was mentioned that I from Company 'C' is working for prime vendor "P".  Prime vendor "P" provided a letter saying candidate is working for us. Later USCIS called the manager who gave the letter over the phone and requested for information regarding me, and he said Yes, the candidate works for us and we will contract him out to Clients. My LCA and H1 petition had Client location as work location. 

Second RFE said that the letter is from prime vendor "P" and work location is Client "T"(as they googled and found that the location said it was Client "T") and now they asked for Client letter, which I provided from Client "T". And now it the case status says, petition I-129 is denied and denial notice has been mailed and the option for me. 

 

1. What are the options, I have in order to stay in the country and what about my current Status?

2. What and how is going to help if my current Company 'C' re-opens/reapplies the same petition? How long does this take to process? Can I stay in the US while reapplying? 

3. Can I opt for changing the status, like joining a college ? Will that be helpful in anyway? And does this change of status will affect me if I apply H1, like should I wait till April quota or next year? or I will not have to wait? 

4. What if my both previous companies do not accept me to rehire or what if they accept? is that an option at all ? (P.S I do not have good terms with my previous employers) 

5. What will be my status if I apply a new H1 with same company "C" for a new project? or new employer new H1?

Any information provided is greatly appreciated.

 

Thank you all very much.

jairichi Advanced Member

jairichi

Posted
Posted

1. You are out of status. Stop working right away.

2. No. You have to exit US. You could try to file for a COS to B2 or a dependent status if you spouse is in US.

3. College admissions are long over.

4. That H1B petitions would have been revoked by them after you left them.

5. You can but if approved it will come without I94.

rahul412 Advanced Member

rahul412

Posted
Posted

 

1. What are the options, I have in order to stay in the country and what about my current Status?

2. What and how is going to help if my current Company 'C' re-opens/reapplies the same petition? How long does this take to process? Can I stay in the US while reapplying? 

3. Can I opt for changing the status, like joining a college ? Will that be helpful in anyway? And does this change of status will affect me if I apply H1, like should I wait till April quota or next year? or I will not have to wait? 

4. What if my both previous companies do not accept me to rehire or what if they accept? is that an option at all ? (P.S I do not have good terms with my previous employers) 

5. What will be my status if I apply a new H1 with same company "C" for a new project? or new employer new H1?

Any information provided is greatly appreciated.

1. COS to B2 or dependent status

2. that depends on why your H1 is rejected. Currently, you are out of status so you cannot stay during that time

3. No, forget about F1.

4. I guess they need to file new H1 for you

5. out of status.

 

Find another employer, this is the best option you have. Forget about consulting firms, the reason for H1 is rejection is bcos you work for consulting firm.

livliv Advanced Member

livliv

Posted
Posted

1. Most likely you are out of status and so you cannot change to any other status. You have to leave the US.

2. Better documentation of employer employee relationship will help. You cannot stay in the US since you are out of status.

3. See above. Not possible.

4. No

5. Still out of status. Petition can be filed, but it can only be approved without an I-94.

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