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H1B extension denied ... H1B stamping throught different employer

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  • H1B extension denied ... H1B stamping throught different employer


    I am planning to go to India for my HIB stamping ( Second time).

    My current H1B sponsor is company C (a multi billion dollar client). I have been working for this company for more than 6 months with a valid I-797 and I-94 which is valid till middle of 2012.

    Here is my situation…

    - Late last year, I filed for H1B extension through company A. Got an RFE and later the H1B extension petition was denied (Reason for denial – Non specialty occupation and LCA state different from the client location)- Before H1B petition through company A was denied, I started working for company B (with a valid i-797 and I-94).
    - After working for 3 months for company B, I got an offer from company C (current employer) and I have been working for them since then.

    **** I-94 number of Company A, Company B and Company C is the same.

    My concern is….

    1) Will the H1B extension denial through company A have any adverse impact on my Visa stamping through the company C which is a multi billion dollar company?
    2) I did not have any issues transferring H1B to company B or company C, Can the VO deny my Visa through company C because my H1b extension through company A was rejected?
    3) First time when I applied for H1B visa ( 3 yrs back), I got a 221g under administrative processing and later was granted visa. Because I had to go through administrative the for the first time stamping.... Will I get a 221g again for administrative processing second time as well ?

    *** I was never on bench and was paid all the time.

    Appreciate any help in this regard.


  • #2
    Denial will not affect but you should have current client letter etc.
    If the previous 221g was due to a name check it could come again, but these days they have improved timelines on those.
    This is my opinion and not legal advice.


    • #3
      Thanks for you reply. My admin processing was for employment verification and background check... not for name check. Would I have to go through Admin processing again ?


      • #4
        It depends on the new employer, if you cannot provide certain documents (like client letter if applicable) or if the employer is under scrutiny it could go into admin processing.
        This is my opinion and not legal advice.


        • #5
          Thanks for your reply. My employer is a multi billion dollar client.


          • #6
            H1B renewal/transfer within company

            I am a foreign trained dentist with a US Ms in Health Aministration(MHA). I took up a job with an Orthodontic company. My current employer filed for my H1B under the "Dental Technician" position in 2007. This position does not require Bachelors or MS degree. Within 5 months an opening was available in the company for a research position. I have been transferred to the more professional environment which requires proficient dental knowledge and research skills which requires dental degree and MHA. But I am still under the "Dental Technician" category to date. It is time to renew my H1B visa and they wanted to tranfer me from a "Dental Technician" to a "Clinical research Coordinator" but the company lawyer said it is risky to renew the H1B under another title as this may be subject to approval. I should go ahead with the "Dental Technician" title for my next renewal as well.

            My question is:

            1. Does this position need to be advertised again to renew my H1B under a different title? Is there a risk of losing my H1B status under a different title?

            2. I want to apply for my greencard, but, because of the title I am hired under "Dental Technician" I will fall in the EB3 category. What are my options here?

            Would really appreciate your help in addressing these questions.