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H1 query. Please advise!

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  • H1 query. Please advise!

    I work for an IT firm (company A) and chose to have an H1 applied through another employer (company B). Got selected in the April 2015 lottery and have scheduled my interview (for stamping) in January 2016. Now Company A has also agreed to file an H1 for me in April 2016. Considering a scenario where my stamping (via company B) gets rejected in January 2016, would it be a fresh H1 application (even though I've made it through the lottery process this year) if applied via company A in April 2016? Is lottery a one-off thing (i.e once selected in lottery but rejected in stamping, should one go through lottery again next year?)

    Thanks in advance.
    Last edited by vikramsh09; 11-16-2015, 04:29 PM.

  • #2
    Visa denial will not impact the CAP that you have secured when the H1B petition got approved (Unless the petitio is revoked by the consulate for fraudulent reasons). Technically you can file a H1B transfer from B to A irrespective of whether the visa is denied or not. However, in recent times, USCIS seem to have issuing RFEs asking why you never worked for the primary employer who filed your petition under a brand new CAP. In case of an RFE like that, the attorney from Company A will need to respond back stating that your visa for company B was denied so you couldn't work for that employer and hence the transfer.
    Not a legal advice. Use of this information is strictly at your own risk.

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