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H1B visa extension rejected :: Options for re-Entry

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  • H1B visa extension rejected :: Options for re-Entry

    Hi,
    First of all thanks for creating such a wonderful community. this is really helpful and informative.

    I have a question regarding if i am eligible to travel to the US immediately.

    Background :
    I went to the US on H1b visa from India from employer A and applied for extension of while i was in State A. We got a RFE and responded to it with all relevant answers. i had to move to a different state for new project while my extension appeal was in progress. Eventually my H1B extension was rejected on a new year day and i had to travel back to India within 2 weeks.(My stay in the US was 2y 1m)

    Now i am with Employer B and want to know if Employer B can apply for H1B using the cap of my earlier H1B approval on immediate travel date considering that i stayed for 2 years and get a H1B approval for the rest 4 years.
    Or
    What are my other options to travel to the US with Employer B ?

    Thanks in advance

  • #2
    I am also in a similar situation. Have u gone for visa with new emp?

    Originally posted by pkatti82 View Post
    Hi,
    First of all thanks for creating such a wonderful community. this is really helpful and informative.

    I have a question regarding if i am eligible to travel to the US immediately.

    Background :
    I went to the US on H1b visa from India from employer A and applied for extension of while i was in State A. We got a RFE and responded to it with all relevant answers. i had to move to a different state for new project while my extension appeal was in progress. Eventually my H1B extension was rejected on a new year day and i had to travel back to India within 2 weeks.(My stay in the US was 2y 1m)

    Now i am with Employer B and want to know if Employer B can apply for H1B using the cap of my earlier H1B approval on immediate travel date considering that i stayed for 2 years and get a H1B approval for the rest 4 years.
    Or
    What are my other options to travel to the US with Employer B ?

    Thanks in advance

    Comment


    • #3
      Originally posted by pkatti82 View Post
      Hi,
      First of all thanks for creating such a wonderful community. this is really helpful and informative.

      I have a question regarding if i am eligible to travel to the US immediately.

      Background :
      I went to the US on H1b visa from India from employer A and applied for extension of while i was in State A. We got a RFE and responded to it with all relevant answers. i had to move to a different state for new project while my extension appeal was in progress. Eventually my H1B extension was rejected on a new year day and i had to travel back to India within 2 weeks.(My stay in the US was 2y 1m)

      Now i am with Employer B and want to know if Employer B can apply for H1B using the cap of my earlier H1B approval on immediate travel date considering that i stayed for 2 years and get a H1B approval for the rest 4 years.
      Or
      What are my other options to travel to the US with Employer B ?

      Thanks in advance
      Hi,

      H1B cap may not be possible. File for H1-B where you can obtain visa. Your other options can be, B1 Business visa or L1-B visa.

      Hope this helps!

      Comment


      • #4
        H1B visa extension rejected :: Options for re-Entry

        Originally posted by alliesv View Post
        Hi,

        H1B cap may not be possible. File for H1-B where you can obtain visa. Your other options can be, B1 Business visa or L1-B visa.

        Hope this helps!
        thanks for the response
        Referring to other posts, where the individual H1B had expired after staying in the US for 1 year, it mentioned that he can go for H1B out of cap, that will be applicable only for 5 years and get a immediate travel date ..
        are you saying this is not possible in my case, cos my visa extension was rejected ?

        Comment

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