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H1B extension denied.....Can I apply again from India?

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  • H1B extension denied.....Can I apply again from India?

    My H1B stamping was till Sep-27-2010 and I-94 was till Oct-7-2010. I filed for my H1B extension on Sep-24-2010 under normal process.
    Later on Dec-6-2010 updated it to premium process and after two weeks got a RFE. Within the given time we responded to the RFE.
    And now finally I got a denial decision and I am awaiting for the notice which explains why the denial decision was made and the options that may be available to me.

    Anyways, I am leaving USA ASAP.

    I was told that I will be considered independent of H1B cap count and can file for H1B under consular process with immediate start date.

    Questions:

    1) Can I file for my H1B as many times as possible?
    2) In future when I go for stamping, will it be an issue as I stayed in US after my I-94 expired?
    3) It is only 9 months that I am in US. So I am still eligible for another 5 years 3 months of extension. Is it right?
    4) No matter of the rejections even if I am in India also, can I file for my remaining eligible period of H1B?

  • #2
    1) Can I file for my H1B as many times as possible?
    >>> Yes (Until yu reach the max out period of 6 years).

    2) In future when I go for stamping, will it be an issue as I stayed in US after my I-94 expired?
    >>> It can be an issue since the time spend in U.S after the I-94 expiry date will be considered illegal.

    3) It is only 9 months that I am in US. So I am still eligible for another 5 years 3 months of extension. Is it right?
    >>> Yes.

    4) No matter of the rejections even if I am in India also, can I file for my remaining eligible period of H1B?
    >>> Yes. Keep a copy of the H1B approval notice to prove that you are already CAP counted.
    Not a legal advice. Use of this information is strictly at your own risk.

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