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Risk of applying H1 with the Same employer with which we have withdrawn H1 earlier

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  • Risk of applying H1 with the Same employer with which we have withdrawn H1 earlier

    Hi

    I have probably a unique scenario where I need some urgent assistance:

    We had applied H1b for my wife from employer A in 2010 quota and it went on 221g.

    Later on while it was in pending status (processing under 221g - VO was insisting on client letter for an off-site project where client letter was not provided by client), we had to go for H4 option due to some unfortunate family situation.

    So we withdrew the H1b application and she came here to US on H4.

    Now, while she is in US on H4 right now, we have an opportunity to file H1b for 2011 quota with the same employer A (this time we have all the needed documentation including client letter and other necessary docs for the project as this is an onsite project).

    My question is: Will there be any risk of getting her H1b rejected due to previously withdrawn application with the same employer? If yes, how much is the risk?

    Please advice as soon as possible as so that we can take proper decision.

    Really really really appreciate your help and thankyou so much in advance.

  • #2
    That should not be a problem.
    Not a legal advice. Use of this information is strictly at your own risk.

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    • #3
      Thanks a lot Shervin. Really appreciate your quick reply.

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