Hi My wife is in India and she has never entered USA. My employer filled for her H1B and got RFE and supplied necessary evidences but petition got denied eventually as stated by staus online .
I don't know what was written in RFE or which documents her employer sent in reply or what is written in the Denial notice as point of time.
So what should i do now? (she was selected in lotery had EAC but denied)
1) Should her employer re-apply in next year or do appeal?
2) H1B re-application in 2008 would make her subject to cap or not?
3) What should i do either do MTR or do Appeal? give me pros and cons?
4) Could her employer re-apply in April 2008 and get her approval and let her work from Oct. 2008 successfully even if she has appealed the denial and hasn't got any desicion before April 2008 or Oct 2008 on the same
5) Could the employer re-petition for H1B in 2008 even if the same employer has appealed the denial for her which hasn't been resolved at the time of doing petition or at the time of getting approval. If yes than would it affect the adjudication of her H1B case for Oct. 2008
6) If she enters USA on H4 after her employer appeals the H1B denial and gets H1B approved being in USA for Oct 2008, than could she apply for COS from H4 to H1 or not? How positive you are about getting COS approved in this situation.
I will update the post with reason of denial and available options as well as reason of getting RFE and document sent against that RFE as i get them.
I don't know what was written in RFE or which documents her employer sent in reply or what is written in the Denial notice as point of time.
So what should i do now? (she was selected in lotery had EAC but denied)
1) Should her employer re-apply in next year or do appeal?
2) H1B re-application in 2008 would make her subject to cap or not?
3) What should i do either do MTR or do Appeal? give me pros and cons?
4) Could her employer re-apply in April 2008 and get her approval and let her work from Oct. 2008 successfully even if she has appealed the denial and hasn't got any desicion before April 2008 or Oct 2008 on the same
5) Could the employer re-petition for H1B in 2008 even if the same employer has appealed the denial for her which hasn't been resolved at the time of doing petition or at the time of getting approval. If yes than would it affect the adjudication of her H1B case for Oct. 2008
6) If she enters USA on H4 after her employer appeals the H1B denial and gets H1B approved being in USA for Oct 2008, than could she apply for COS from H4 to H1 or not? How positive you are about getting COS approved in this situation.
I will update the post with reason of denial and available options as well as reason of getting RFE and document sent against that RFE as i get them.
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