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Resubmission of h4 to h1b

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  • Resubmission of h4 to h1b

    Hi,
    I have applied for h4 to h1b conversion through a consultancy via premium processing.
    The petition reached USCIS on June 6th. The Consultancy informed me back stating that the application was not accepted as the
    quota was over (The quota got over on June 11th as per USCIS website).
    Today(July 9th) when I had a discussion with them, they told that they contacted their legal department and have
    come to a conclusion that my case was incorrectly not accepted. He also told me that they are planning to refile my case via CRO and based
    on the merit the case will either be accepted or rejected.

    Can you please let me know if there is any such possibility to refile the case once not accepted due to Quota issue.
    Thanks in anticipation

  • #2
    No. If the application was not accepeted and if the receipt notice was not generated, then there is no way as the CAP is already over. What do they mean by "Incorrectly not accepted"? There can be only two ways. Either Accepted or NOT. What is incorrectly not accepted?
    Not a legal advice. Use of this information is strictly at your own risk.

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