H1B Visa Feasibility

[ranjanapai]

Hi,

 

I would like to know if H1B filing is possible or if I would have to wait for lottery. My visa history is as below.

 

1. L1B entry in April 2007 even though I had the visa from Sept 2006.

2. L1B extended until May 2012.

3. L1B was converted to H1B and H1B was effective since Oct 1, 2011.

4. H1B expired on March 22, 2014.

5. H1B extension was denied on May 19,2014 after RFE. The case was in progress from Dec 2013.

 

I have approved I-140. I moved to India in beginning of June 2014. Its been a year now. My current company with whom all these visas were done says that my case is not subject to cap since I had held H1-B within past 6 years.

 

Is my company immigration dept correct and can I have other companies/vendors file H1 for me or do i need to wait for CAP?

 

Thanks in Advance!

 

Regards,

R

[jairichi]

You are cap exempt based on approved I-140 as long as it is not revoked.

[jairichi]

Reason for H1B extension denial?

[ranjanapai]

Hi Jairichi,

 

Thanks for the response. My I-140 is not yet revoked. I am not sure what is the exact reason behind extn denial as my company does share the denial copy with us. All i was told by my company immigration team was that it is political reason due to economy and there is nothing incorrect from my profile point of view.

[ranjanapai]

if my I-140 is revoked, then what would be my situation?

[Attorney_21]

ranjanapai:

 

If your I-140 is revoked, you are no longer eligible for any H1B extensions....You will either need to get another I-140 approval, or remain outside the United States for 365 days and file for a "new" H1B (i.e. subject to the H1B "cap", and potential "lottery" situation). 

[ranjanapai]

Hi, I have one more question. I am in India right now.  I have valid I-140. My H1B is expired and out of US for past 1 year. Will only my current employee be able to file H1B exempt to CAP or Can any vendor in US/India file H1B based on my valid I-140? I have not resigned from my current employer.

 

Thanks.

[jairichi]

Hi, I have one more question. I am in India right now. I have valid I-140. My H1B is expired and out of US for past 1 year. Will only my current employee be able to file H1B exempt to CAP or Can any vendor in US/India file H1B based on my valid I-140? I have not resigned from my current employer.

Thanks.

With a valid I140 any employer can file a cap exempt H1B petition.