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Hi All,
Let me explain my situation here:
I have done my Masters in US. After finishing my MS I joined a company and was placed at clients location when I was on OPT and my employer has filed H1B in Oct 2008 which got approved. In Feb 2009 I came back to my home country and went for H1 B Visa stamping. When I went for stamping. At the Visa Counter, Visa Officer has asked my some question regarding My Employer and how many employees were working with them. I said around 70 Employees and after that I was issued a 221G from the VO asking for List of petitioner's employees(Notarized list of all employees with each employee's name, Job Title, etc..), W-2 forms for all persons employed by petitioner for the past one year and state unemployment wage reports.
After a month (Mar-2009) I got the documents from my employer and I have submitted all the documents but total employee count was 39 in the w-2 documents. In the mean time I have joined a company as a contractor. After 10 months I have received a letter from the Embassy stating that "Based on the documents you have submitted to us, and the information elicited in your visa interview with an American Consular Officer, we are not able to issue an H-1B temporary work visa, because:
Your petitioner does not appear to be either able or willing to provide qualifying employment in US in accordance with laws and regulations...
Now I have joined the company which I am working as a contractor and from past 3.5 years I am working for it. Now the present company(having around 5000 employees) wanted to file H1-B for me and when they saw all my documents they said that I will be exempt from CAP quota and all it would be an extension/Transfer.
Another company who have got around 80 employees wanted to Apply H1-B and wanted to hire me and offering better than the present company which I am working for.
In this situation can two different employers file extension on behalf of my previous I-797?
Can you please suggest me the possibilities?
Regards,
Bharath1
Let me explain my situation here:
I have done my Masters in US. After finishing my MS I joined a company and was placed at clients location when I was on OPT and my employer has filed H1B in Oct 2008 which got approved. In Feb 2009 I came back to my home country and went for H1 B Visa stamping. When I went for stamping. At the Visa Counter, Visa Officer has asked my some question regarding My Employer and how many employees were working with them. I said around 70 Employees and after that I was issued a 221G from the VO asking for List of petitioner's employees(Notarized list of all employees with each employee's name, Job Title, etc..), W-2 forms for all persons employed by petitioner for the past one year and state unemployment wage reports.
After a month (Mar-2009) I got the documents from my employer and I have submitted all the documents but total employee count was 39 in the w-2 documents. In the mean time I have joined a company as a contractor. After 10 months I have received a letter from the Embassy stating that "Based on the documents you have submitted to us, and the information elicited in your visa interview with an American Consular Officer, we are not able to issue an H-1B temporary work visa, because:
Your petitioner does not appear to be either able or willing to provide qualifying employment in US in accordance with laws and regulations...
Now I have joined the company which I am working as a contractor and from past 3.5 years I am working for it. Now the present company(having around 5000 employees) wanted to file H1-B for me and when they saw all my documents they said that I will be exempt from CAP quota and all it would be an extension/Transfer.
Another company who have got around 80 employees wanted to Apply H1-B and wanted to hire me and offering better than the present company which I am working for.
In this situation can two different employers file extension on behalf of my previous I-797?
Can you please suggest me the possibilities?
Regards,
Bharath1
