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Options after h1b stamping denial with approved I-140

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  • Options after h1b stamping denial with approved I-140

    Hi I have a long list of questions and would be a great help even if some of them were answered.

    1. My visa stamping was denied at Delhi Consultate and petition referred
    to USCIS in Dec, 2010.
    The reason given was that my employer is a sub-contractor and the
    client is not a direct client.
    2. I applied for H1B visa transfer thru another company in Feb, 2011
    through a direct vendor but for the same end client.
    USCIS sent an RFE in march asking for more documents to support project
    and employment. RFE submitted along with
    client letter and other documents. Petition denied in March, 2011. I am
    yet to know what was ther reason of the denial.
    3. I have approved Labor and I-140 for GC processing through my first
    company.
    4. My 6 years would be complete in Oct, 2011. I had got 3 years H1B
    extension based on approved I-140.

    My questions:
    1. I am currently in India. Would the GC processing be affected due to
    visa denied? If USCIS cancels the H1B which was
    referred to them by the embassy, will that affect my GC processing?
    2. Is it fine if I attempt another H1B transfer through another company?
    3. Will the transfer of H1B would take into consideration approved I-140
    which is from another company?
    4. I have an offer to join another company in India. If i join them in
    India now, will i be able to apply for L1 after
    a couple of months. Will L1 nullify/void the H1B petition which is
    being currently reviewed by USCIS?
    5. If I go on L1 visa, will my GC processing continue without any issues
    with the previous employer?
    6. If I go on L1, will I be able to transfer from L1 to H1 through change
    of status?
    7. Is it faster to get GC through L1 ( not L1A). can I port my priority
    date from previous GC to new GC filed under L1.

    Thanks in Advance
    Neha

  • #2
    1. I am currently in India. Would the GC processing be affected due to
    visa denied? If USCIS cancels the H1B which was
    referred to them by the embassy, will that affect my GC processing?
    >>> GC has nothing to do with your visa processing. GC is for future employment.

    2. Is it fine if I attempt another H1B transfer through another company?
    >>> Yes.

    3. Will the transfer of H1B would take into consideration approved I-140
    which is from another company?
    >>> H1B transfer has nothing to do with your GC process unless you are trying to transfer your petition after completing 6 year in your H1B CAP.

    4. I have an offer to join another company in India. If i join them in
    India now, will i be able to apply for L1 after a couple of months. Will L1 nullify/void the H1B petition which is being currently reviewed by USCIS?
    >>> Filing L1 will not automatically revoke your H1B petition. Your H1B petition will remain valid until it is revoked the consulate or your employer.

    Check the below link for the L1 eligibility. You need to working for the L1 sponsor for at least 1 year to be eligible for L1
    https://www.immihelp.com/usa-visas/l1/


    5. If I go on L1 visa, will my GC processing continue without any issues
    with the previous employer?
    >>> GC is for future employment. As long as the previous employer is willing to go ahead with the GC process, it can continue.

    6. If I go on L1, will I be able to transfer from L1 to H1 through change
    of status?
    >>> Yes.

    7. Is it faster to get GC through L1 ( not L1A). can I port my priority
    date from previous GC to new GC filed under L1.
    >>> Yes.
    Not a legal advice. Use of this information is strictly at your own risk.

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