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Fresh H1B for rejected RFE
I'm deputed to U.S. on H1B by a well known U.S. based MNC located in India.
My visa was expired in April 2008, my company applied for extension before that i.e. in Feb 2008.
USCIS didn't approve my visa they sent an RFE for my case; my company promptly replied for that, still USCIS rejected my visa.
Now my company is saying that still they can file a fresh H1B for me based on this rejection moreover they are saying that my H1B filing will not come under the CAP.
Is this really possible?
Is it possible to file a cap exempted fresh H1B for a candidate whose RFE is rejected during visa extension.
I would really appreciate if anyone could clarify my doubt.
My visa was expired in April 2008, my company applied for extension before that i.e. in Feb 2008.
USCIS didn't approve my visa they sent an RFE for my case; my company promptly replied for that, still USCIS rejected my visa.
Now my company is saying that still they can file a fresh H1B for me based on this rejection moreover they are saying that my H1B filing will not come under the CAP.
Is this really possible?
Is it possible to file a cap exempted fresh H1B for a candidate whose RFE is rejected during visa extension.
I would really appreciate if anyone could clarify my doubt.
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