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I was initially in USA with company A on H1B for 4 years. I went to India, joined company B and stayed there for more than a year.
Company B applied for a new H1 not subject to cap. Since it wasn't subject to cap, the clock didn't get reset (which I didn't know and no one realized it). I came back to US. The H1 petition had validity beyond the max out date. When it was due for extension, I applied for one and I got another 2 years. Again, no one realized that clock wasn't reset. Meanwhile the PERM was also filed (after the max out) and it's in audit now.
So, 4 years on H1B with company B now. I have H1 and I94 valid for another 5 months. When I applied for H1 extension again, the employer is saying that it can't be extended because of the above reason.
PERM is still pending. Now, they are saying that the only option to stay in USA is to get the L1 stamping from Canada. Are there any risks in going to Canada for stamping? In case the L1 is denied, is there any possibility that the officer could cancel the existing visa and I can't come back to US? How long would it take to get the L1 stamped in Canada?
Has anyone ever experienced anything like this?
Please share your experience and suggestions.
Company B applied for a new H1 not subject to cap. Since it wasn't subject to cap, the clock didn't get reset (which I didn't know and no one realized it). I came back to US. The H1 petition had validity beyond the max out date. When it was due for extension, I applied for one and I got another 2 years. Again, no one realized that clock wasn't reset. Meanwhile the PERM was also filed (after the max out) and it's in audit now.
So, 4 years on H1B with company B now. I have H1 and I94 valid for another 5 months. When I applied for H1 extension again, the employer is saying that it can't be extended because of the above reason.
PERM is still pending. Now, they are saying that the only option to stay in USA is to get the L1 stamping from Canada. Are there any risks in going to Canada for stamping? In case the L1 is denied, is there any possibility that the officer could cancel the existing visa and I can't come back to US? How long would it take to get the L1 stamped in Canada?
Has anyone ever experienced anything like this?
Please share your experience and suggestions.
