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After H-1B stamping rejection,Will next H1-B petition go onto Yearly Lottery System ?

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  • After H-1B stamping rejection,Will next H1-B petition go onto Yearly Lottery System ?

    I am going for H1-B stamping to India consulate next week and my client is not providing client letter,
    I also have valid L2 visa(Valid till Nov 2015) stamped on my passport.
    In case if my H1-B stamping is rejected I am planning to re-enter on my L2 visa in US.

    Now my question is after re-entering US if I re-apply for H-1 B VISA this year, will my application again go onto yearly lottery system ?
    Or as I was selected in last year’s H-1 VISA lottery am I exempted from lottery system ?

  • #2
    Here is response from my attorney

    Originally posted by mehndiratta.a View Post
    I am going for H1-B stamping to India consulate next week and my client is not providing client letter,
    I also have valid L2 visa(Valid till Nov 2015) stamped on my passport.
    In case if my H1-B stamping is rejected I am planning to re-enter on my L2 visa in US.

    Now my question is after re-entering US if I re-apply for H-1 B VISA this year, will my application again go onto yearly lottery system ?
    Or as I was selected in last year’s H-1 VISA lottery am I exempted from lottery system ?

    In case anyone has same situation i took appointment from my immigration attorney and below is her response..
    My Attorney Replied:- If your status was changed in the U.S. to H-1B and you worked in H-1B status, then you will not be counted in this year's lottery. A prospective new employer could file an H-1B petition for you any time.
    /
    If a legitimate, no fraud I-129 was approved with you as a beneficiary as CAP subject petition within last 6 years, you are CAP exempt.

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    • #3
      That is right. But do understand that even if you come back on L2 and then apply a L2 to h1 COS while in US , USCIS will most probably still ask for client letter. You should take it up with your employer as to why they cannot get you a client letter.

      This is my opinion not legal advice.

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