Please reply - L1b visa extension and H1b denied after RFE

[Madhavi520]

Hi,

Appreciate the help. Thanks in advance
My background is:

I have 7.5 yrs of IT experience, worked in MNC Company. I had worked in USA for 2.5 yrs on L1b - Blanket Visa through same MNC Company for AAA Client. In MAY 2013, i had applied for L1b visa extension for the same client (AAA) and went back to India due to personal reasons. I got RFE and L1b extension got rejected in AUG 2013. I had applied H4 and came to US in SEP 2013.

I have applied H1b (H4 to H1b) through a consultancy in APR 2014 for the same client where i worked earlier in US (AAA). I have received RFE to submit client letter, employment verification and we replied. My consultancy called me on last Friday (10/31/2014) and told that my h1b visa is denied with the reason that USCIS had a call with client (i didn’t receive any status change in USCIS site and didn’t receive any denial notice yet).
My questions are:

1. Can i apply for H1b again? If so, any suggestions to be taken care as i have two denials continuously

2. How will these denials impact future visa petitions?

3. Will there be any impact to my spouse H1b visa extensions and GC processing

[raghvi]

Hi,

Appreciate the help. Thanks in advance
My background is:

I have 7.5 yrs of IT experience, worked in MNC Company. I had worked in USA for 2.5 yrs on L1b - Blanket Visa through same MNC Company for AAA Client. In MAY 2013, i had applied for L1b visa extension for the same client (AAA) and went back to India due to personal reasons. I got RFE and L1b extension got rejected in AUG 2013. I had applied H4 and came to US in SEP 2013.

I have applied H1b (H4 to H1b) through a consultancy in APR 2014 for the same client where i worked earlier in US (AAA). I have received RFE to submit client letter, employment verification and we replied. My consultancy called me on last Friday (10/31/2014) and told that my h1b visa is denied with the reason that USCIS had a call with client (i didn’t receive any status change in USCIS site and didn’t receive any denial notice yet).
My questions are:

1. Can i apply for H1b again? If so, any suggestions to be taken care as i have two denials continuously

2. How will these denials impact future visa petitions?

3. Will there be any impact to my spouse H1b visa extensions and GC processing

Was the petition revoked by USCIS?
1. Yes you can . Try not to associate yourself with small employers. Avoid multiple layers.
2. No impact unless the denials were for fraud or misrepresentation.
3. I dont think so.

This is my opinion not legal advice.

[Madhavi520]

Was the petition revoked by USCIS?
1. Yes you can . Try not to associate yourself with small employers. Avoid multiple layers.
2. No impact unless the denials were for fraud or misrepresentation.
3. I dont think so.

This is my opinion not legal advice.

Thank you so much Raghvi for the response

I have few more questions. could you please help me on this
1. My current H4 is valid till Jan 31 2015 same as my husband's H1 visa. He is planning to apply H1b extension along with H4 extension as my H1b is denied. He is working in MNC, he got visa extension approvals last two times without any RFE.
My question is will there be any chance like his h1 Ext approved and h4 Ext denied based on my previous two denials?
Since i didn't receive any denial notice/USCIS status change for my h1b (still showing as RFE review status), will it be considered two applications if i apply h4 extension now?

2. For my h1b which was denied recently, my consultancy told that USCIS did client verification. Client is exist and very big company in US. This could be because of no position available now. My question is will this be considered as Fraud/misrepresentation? I am worried about this. (I am still waiting for USCIS status change and denial notice)