Completed only 4 yrs of H1B and visa rejected, How can I enter US again

[bindaasamit]

Here are the facts of the case before I put down my query
• I797 was approved in Sept 2007 for the duration 2007-2010. Was in the US during this period
• It was again renewed in Sept 2010 for the duration 2010-2013. Was in the US till May 2012.
• Travelled to India in May 2012, but was rejected when I went or stamping(was given a 221g-employer refused to furnish documents to support my visa case). Looks like on grounds of me "working out of client and not employer location"
Now my query is - How can I re-enter the US?. I understand I am quota exempt as I have only spent 4 1/2 years of the entire previous 6 years duration in the US.

But do
• Do I need to file for a new H1?
• Do I need to transfer my H1 to a new employer
• Can I try again with my old employer? Is this not risky as my visa was rejected when I was on his payrolls.

I am confused here and would really appreciate your advise on this.

Thanks in anticipation!

[raghvi]

Here are the facts of the case before I put down my query
• I797 was approved in Sept 2007 for the duration 2007-2010. Was in the US during this period
• It was again renewed in Sept 2010 for the duration 2010-2013. Was in the US till May 2012.
• Travelled to India in May 2012, but was rejected when I went or stamping(was given a 221g-employer refused to furnish documents to support my visa case). Looks like on grounds of me "working out of client and not employer location"
Now my query is - How can I re-enter the US?. I understand I am quota exempt as I have only spent 4 1/2 years of the entire previous 6 years duration in the US.

But do
• Do I need to file for a new H1?
• Do I need to transfer my H1 to a new employer
• Can I try again with my old employer? Is this not risky as my visa was rejected when I was on his payrolls.

I am confused here and would really appreciate your advise on this.

Thanks in anticipation!

You are cap exempt only is USCIS has not revoked your H1.

Working at client location is not a reason for visa rejection as long as you were able to provide genuine client letter and proof that even if you worked at client location your employer paid you and controlled your work.

1. Your next employer would need to file a cap exempt petition.
2. I would suggest you do find a new one as current employer could not provide the documents.
3. Most probably same or similar documents would be asked again why do you want to take chances?

This is my opinion not legal advice.

[bindaasamit]

Thanks for your advise!

I did check for the status on "https://egov.uscis.gov/casestatus/landing.do" and it does not look as if its revoked. It still shows as approved!

I did have all the documents - "genuine client letter and proof" and even a personal letter from my client manager but the visa interviewer did not even bother to check them and rejected by visa. Nevertheless...let me try again!

Thanks!