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Travelling to India while applying for Motion to Reopen denied H1b

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  • Travelling to India while applying for Motion to Reopen denied H1b

    Hi,

    I had applied for a H1b which initially struck a RFE and the responses where sent out, after that last week I was intimated that my petition was denied citing 'Employee Employer relations'.
    After having a conversation with my sponsor, they agreed to file an MTR which should be sent out by this friday (Dec 26). They said that it should typically take about 90 days or sooner to get a decision on the MTR.
    So here is my doubt, we had a trip planned to India on March end so

    1. Will it affect my MTR petition if Im not in US during the processing?
    2. In case the H1B is approved while Im in India, will I be able to travel back to the US on my H4 and then apply for COS after reaching US?
    2. In case its a NO for the previous qn and I need to stamp the H1B visa in India - if the stamping is denied will I be able to travel back on my H4?
    3. In case the stamping is denied, will be able to reapply (cap exempt)?

    Thanks In Advance.
    Neetha

  • #2
    Originally posted by Neetha_Vishnu View Post
    Hi,

    I had applied for a H1b which initially struck a RFE and the responses where sent out, after that last week I was intimated that my petition was denied citing 'Employee Employer relations'.
    After having a conversation with my sponsor, they agreed to file an MTR which should be sent out by this friday (Dec 26). They said that it should typically take about 90 days or sooner to get a decision on the MTR.
    So here is my doubt, we had a trip planned to India on March end so

    1. Will it affect my MTR petition if Im not in US during the processing?
    2. In case the H1B is approved while Im in India, will I be able to travel back to the US on my H4 and then apply for COS after reaching US?
    2. In case its a NO for the previous qn and I need to stamp the H1B visa in India - if the stamping is denied will I be able to travel back on my H4?
    3. In case the stamping is denied, will be able to reapply (cap exempt)?

    Thanks In Advance.
    Neetha
    MTR response in 90 days is quite optimistic. When did your I-94 expire?

    Comment


    • #3
      Originally posted by raghvi View Post
      MTR response in 90 days is quite optimistic. When did your I-94 expire?
      Thanks for the taking the time out to read.
      My I94 expired as of June 2014.
      My employer seemed very confident that it would be approved in 90 days or sooner. Now that I read your response and googled I see that it takes longer..
      So if it is under consideration when I go to India and get my H4 re-stamped, will it affect the decision on the MTR.

      Also on unrelated note, what do you think the chances are for them approving a denied petition through an MTR?

      Comment


      • #4
        Hi,
        Bumping for inputs..

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