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Hello,
I am in a unique situation.
Current on STEM OPT, my employer will sponsor my H-1B in April this year. I have to urgently travel to india for 2 weeks on 12th jan.
There is a new 90 day rule:
“Under the new 90 day rule, the DOS will consider certain inconsistent conduct within 90 days of entry to carry with a presumption of willful misrepresentation in procuring a nonimmigrant visa.”
Now my question is. my employer will file my H-1B visa on 1st April, 2018 which is within 90 days of my I-94. Will this 90 day rule possibly create some problems in my H-1B approval . Is it advisable that i do not travel? and cancel it? How much is the risk? Anyone in the same situation?
Can this be a reason for rejection of H-1b or denial of change of status?
Please, i am in a bad situation, i have important work back home and it would be really bad if i have to cancel my trip.
Regards,
Anuj Agrawal
I am in a unique situation.
Current on STEM OPT, my employer will sponsor my H-1B in April this year. I have to urgently travel to india for 2 weeks on 12th jan.
There is a new 90 day rule:
“Under the new 90 day rule, the DOS will consider certain inconsistent conduct within 90 days of entry to carry with a presumption of willful misrepresentation in procuring a nonimmigrant visa.”
Now my question is. my employer will file my H-1B visa on 1st April, 2018 which is within 90 days of my I-94. Will this 90 day rule possibly create some problems in my H-1B approval . Is it advisable that i do not travel? and cancel it? How much is the risk? Anyone in the same situation?
Can this be a reason for rejection of H-1b or denial of change of status?
Please, i am in a bad situation, i have important work back home and it would be really bad if i have to cancel my trip.
Regards,
Anuj Agrawal
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