H1B-Reappeal

[shyamsub1974]

Hi,
My wife applied for H1B in april 2008 and it got rejected. The reason was she didn't have her degree certificate at the time she applied for H1B. So we reappealed in 2009 with her degree certificate, her case is still pending. We checked with USCIS and they said the case is in commissioner office for intial review. She is currently working with her F1-OPT extension status which is expiring in June 2010.

I have few questions regarding this

1. Can we file a new H1B?
2. What happens to her status after June 2010 when her F1_OPT Ext expires, will she be able to continue with her job with her new H1B file pending?

Many Thanks

Subu

[shervin143]

Answers below.

Hi,
My wife applied for H1B in april 2008 and it got rejected. The reason was she didn't have her degree certificate at the time she applied for H1B. So we reappealed in 2009 with her degree certificate, her case is still pending. We checked with USCIS and they said the case is in commissioner office for intial review. She is currently working with her F1-OPT extension status which is expiring in June 2010.

I have few questions regarding this

1. Can we file a new H1B?
>>> Yes.

2. What happens to her status after June 2010 when her F1_OPT Ext expires, will she be able to continue with her job with her new H1B file pending?
>>> She will go out of status. H1B need to be approved to work on H1B status.

Many Thanks

Subu