L1 is denied, H1 petition is approved but H4 is denied..Please help !!!!

[anandhubli]

My extension of stay for L1B VISA was denied by USCIS on Oct. 20th and the company whom I work for received the denial notice on Oct. 26th which was my last working day. Parallely they had applied for a COS to H1 which has been approved by USCIS. Got the approval on Oct. 29th, but our company's imm. dept is yet to receive the document in hand. All this has happened while I work in the same company.

Meanwhile my wife and daughter's H4 has been denied. While all this is happening I am still in the US and the entire family needs to leave the US by Nov. 18th. But we have booked our tickets for Nov. 8th so that deportation proceding are not started against us.

I would like to know in such a case, whther the H1 petition is actually considered as a COA or a new H1 petition. If it is a COS will I get a new I-94? If it is a new H1 do I need to go to India for a new H1 stamp? Will there be any problem at US consulate, Chennai when I go for a new H1 stamp as I returned from the US based on L1B denial? What kind of questions would be asked? What are my chances of getting a new H1 stamp in Chennai? Are there many Visa denials lately?

Plzzzzz. help I am too tense.

Thanks,
Andy

[shervin143]

I would like to know in such a case, whether the H1 petition is actually considered as a COS or a new H1 petition.

>>>> You have mentioned that you employer applied the H1B as a COS from L1 to H1B. So it will be a COS.


If it is a COS will I get a new I-94?

>>>>> Yes.


If it is a new H1 do I need to go to India for a new H1 stamp?

>>>>> If you get a new I-94 along with your approval notice, then you need not go for stamping. When you leave U.S, irrespective of whether it is a COS or new H1B, you need to get the H1B stamped in your passport to enter U.S in H1B status (Unless you have an existing H1B visa stamped and it is still valid).


Will there be any problem at US consulate, Chennai when I go for a new H1 stamp as I returned from the US based on L1B denial?

>>>>> Denial of L1B should not have any impact on your H1B visa stamping unless the reason for denial is something critical on your part (example: been out of status, getting arrested for committing a crime, etc).


What kind of questions would be asked?

>>>>> It varies from person to person. Here are some sample questions
https://www.immihelp.com/h1-visa-int...tions-answers/


What are my chances of getting a new H1 stamp in Chennai?

>>>>> It is pretty good if you have all the required documents and if you have maintained your status through out your stay in U.S. Here is the list of documents required for the H1B stamping.
https://www.immihelp.com/h1-visa-stamping-documents/


Are there many Visa denials lately?

>>>>> No. It is as usual as any other time.

[anandhubli]

Thanks for your response. It is very helpful and clarified most of my questions. But, I do have one more question. Is a I129 filed for a fresh H1 petition or only as a COS. My Immigration dept. is saying that since my L1 was denied, the I129 would be considered as a fresh H1 instead of a COS. is that true? But my RFE for the I129 was sent on Oct. 14th whereas my L1 denial came on Oct. 20th. Will that cause a problem to issue a fresh H1 instead of COS? If it is considered as a fresh H1 then I would have to travel to India in the next 4 days. So that is my dilemma.

Thanks,
Andy

[shervin143]

Is a I129 filed for a fresh H1 petition or only as a COS.
Both.

If your L1 was denied before your H1B approval, then COS will also get denied (But H1B petition can be approved). Just wait for the approval notice to arrive. If it comes with an attached I-94, then you don't need to leave U.S. You can continue to work on H1B. If it doesn't come with a I-94, then you will have to leave the country and get the H1B stamped before you can work in H1B status.

Thanks for your response. It is very helpful and clarified most of my questions. But, I do have one more question. Is a I129 filed for a fresh H1 petition or only as a COS. My Immigration dept. is saying that since my L1 was denied, the I129 would be considered as a fresh H1 instead of a COS. is that true? But my RFE for the I129 was sent on Oct. 14th whereas my L1 denial came on Oct. 20th. Will that cause a problem to issue a fresh H1 instead of COS? If it is considered as a fresh H1 then I would have to travel to India in the next 4 days. So that is my dilemma.

Thanks,
Andy

[anandhubli]

Thank you. That was a lot of help. Looks like I will have to leave the ciuntry as my H1B petition approval has come after my L1 denial.

[anandhubli]

I have one more question. What would be the best answer to give to the Consular officer in Chennai when asked "Why are you being called to the US again in such a short period of time?".

If you see my situation, I will be just going to India for a H1 restamp just after my L1 extension denial. I can always say that - "I have been working on the project for the past two years and I have gained good experience in the field and it is always a cost to the company to train new people to understand the project so that is why they want me to continue to work on the same project." But won't this be more like a L1 stance where in I am mentioning that I have specialized knowledge on the project. Not sure what answer I can give. Please help !!!

[shervin143]

That should be good enough . Even H1B requires specialized knowledge and experience.

I have one more question. What would be the best answer to give to the Consular officer in Chennai when asked "Why are you being called to the US again in such a short period of time?".

If you see my situation, I will be just going to India for a H1 restamp just after my L1 extension denial. I can always say that - "I have been working on the project for the past two years and I have gained good experience in the field and it is always a cost to the company to train new people to understand the project so that is why they want me to continue to work on the same project." But won't this be more like a L1 stance where in I am mentioning that I have specialized knowledge on the project. Not sure what answer I can give. Please help !!!

[anandhubli]

Thank you.