H1B visa rejected from employer B, Can I reapply using employer A with cap exempt ?

[nkjackplayer]

Hi All,

This is Raj.

I was working on L1B visa for company A, and was on deputation in USA. I filed a petition for H1B from company B, with change of status option. I got my petition approved. Then I came back to india, and went for stamping to the US embassy. But my Stamping was rejected, and was told that the petition will be sent back to USCIS.

Now, I am still with company A, and company is ready to file a new H1B petition for me.

Can I use the old H1B petition for my cap exempt and use it to file the new H1B petition, with company A ?

What is the process to do it ?

Is there any problem with filing a new H1B petition, due to the old petition I had ?

Can anyone plz help, that would b a grt help ?

Regards,
Raj

[Nattybone]

Hi All,

This is Raj.

I was working on L1B visa for company A, and was on deputation in USA. I filed a petition for H1B from company B, with change of status option. I got my petition approved. Then I came back to india, and went for stamping to the US embassy. But my Stamping was rejected, and was told that the petition will be sent back to USCIS.

Now, I am still with company A, and company is ready to file a new H1B petition for me.

Can I use the old H1B petition for my cap exempt and use it to file the new H1B petition, with company A ?

What is the process to do it ?

Is there any problem with filing a new H1B petition, due to the old petition I had ?

Can anyone plz help, that would b a grt help ?

Regards,
Raj

Hello, Raj.

How long back were you issued the H1B? If it was within the last 6 years, you are Good to use that visa. Share your I797 details or receipt number etc. of that H1B petition with the employer who is willing to sponsor you now. And they will be able to file a Cap-exempt H1B for you.

Rejections happen all the time. As long as your paperwork is good at the time of applying, you are good. The visa can still get rejected for any reason, but it is the paperwork which is key.

I hope this helps.

Wishing you luck.

Cheers,

[nkjackplayer]

Hi,

Thanks for the information.

My H1B was filled under 2012 cap. April 2012. 6 years are not completed yet.

Another question is, is there any risk of rejection in filling the H1B petition from my current employer ?

Does the previous H1B visa stamping rejection, impact on the new petition getting filled from my current employer ?

Coz my current company is concerned about that, and I am waiting for higher mngmnt approvals for it.

Thanks.

Regards,
Raj

[nkjackplayer]

H1B was filed in april 2012

Hello, Raj.

How long back were you issued the H1B? If it was within the last 6 years, you are Good to use that visa. Share your I797 details or receipt number etc. of that H1B petition with the employer who is willing to sponsor you now. And they will be able to file a Cap-exempt H1B for you.

Rejections happen all the time. As long as your paperwork is good at the time of applying, you are good. The visa can still get rejected for any reason, but it is the paperwork which is key.

I hope this helps.

Wishing you luck.

Cheers,

Hi,

The H1B petition was filed for 2012 in april 2012. 6 years are not completed.

But is there any chances of problems in filling the petition from my current company, due to previous rejection in stamping ?

Regards,
Raj

[Nattybone]

Hi,

The H1B petition was filed for 2012 in april 2012. 6 years are not completed.

But is there any chances of problems in filling the petition from my current company, due to previous rejection in stamping ?

Regards,
Raj

Hello, Raj.

You can file for recapture of this H1B petition. Rejections do take place, but i feel you have a good case as you had an L1B too and you have worked in USA. Be thorough with the paperwork and you should have a good chance. Visa outcomes are not known, what we can do is present good and thorough paperwork

I hope this helps.

Wishing you luck.

Cheers,