H1b extn Denied

[hep]

Hello All,

I need assistance, My H1B Extn visa "denied" and I came back to India.I worked only 2 years in US.

My Employer told he cann't apply again due to some reasons.

As I'm in India, Is it possible that any different employer can apply H1B transfer since I worked only 2 years.

Do I fall under cap/lottery, How much chance are there ?

Thanks,
hep.

[raghvi]

Hello All,

I need assistance, My H1B Extn visa "denied" and I came back to India.I worked only 2 years in US.

My Employer told he cann't apply again due to some reasons.

As I'm in India, Is it possible that any different employer can apply H1B transfer since I worked only 2 years.

Do I fall under cap/lottery, How much chance are there ?

Thanks,
hep.

When did you come back to India?

[YDR05]

H1b extn Denied

Once approved, you can work for 6 years without going through lottery again. You should have 3yrs on 1st approval. How did u apply for extension within 2 yrs.

My opinion only, not a legal advice.

[hep]

I have 3 years visa but I came after one year+ from India. So I have 2 year visa onlly.


Is it possible to come immediately(apply H1B with new/old employer but not new Cap/lottery) or I have to wait upto Oct (apply H1B with new/old employer but not new Cap/lottery)?

What are the other options?


Are you sure I will not fall under Cap/Lottery category?

[raghvi]

I have 3 years visa but I came after one year+ from India. So I have 2 year visa onlly.


Is it possible to come immediately(apply H1B with new/old employer but not new Cap/lottery) or I have to wait upto Oct (apply H1B with new/old employer but not new Cap/lottery)?

What are the other options?


Are you sure I will not fall under Cap/Lottery category?

Maybe I didnt make myself clear. On which date did you return to India? You basically are cap exempt for max 6 years from your last valid H1 status date in US. So assuming you left US on 01-March-2015, and were on valid payroll till that date, your employer can file the petition to reclaim the remaining period till 28-Feb-2021. No lottery or wait till Oct.

This is my opinion not legal advice.