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Can H1 B petition be filed post obtaining a job offer?

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  • Can H1 B petition be filed post obtaining a job offer?

    Hi,

    Me and my spouse were on H1 and H4 visas respectively during the tenure OCT 08 to May 09. I had filed H1 Petition through a contractor, and while the case has been considered we had to move back to India temporarily. During this course of time, an RFE had been raised seeking to provide contract agreement and work location, since the contractor was unable to provide specific contractual agreement with the end client and working location, her petition had been denied by USCIS.

    However, the contractor says that post she coming to US on H4, she could attend interviews and once the job offer is ready and if H1 quota is still available, a new petition could be filed. I am not sure how this can happen but wanted to seek suggestion. Could you pls suggest?

  • #2
    Possible if the quota is open. H1b should not be fraudulently applied without a job being offered.

    I am not a lawyer and you need to consult with one to validate any info posted on the forum and discuss your case specifics. H1b Question? Read the FAQ first.

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