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H1b Extension Rejection Consular Processing

Discussion in 'Consulting company issues' started by kiran45, Apr 8, 2016.

  1. kiran45

    kiran45 New Member

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    Greetings. I have question on consular H1b processing.
    1. I have I140 approved from employer A. Resigned employer A to join B.
    2. Employer B did H1B extension and got H1B approved. Worked for an year with employer B till July 2015 and got laid off from employer B. Visa stamping valid till Nov 2017. I-94 valid till Aug 2016 (passport valid till Aug 2016).
    3. Employer C applied for H1B extension got RFE and later H1B rejected. The reason is failure to prove employer-employee relationship. Rejection notice says I can stay till I94 validity date (Aug 2016). I have all pay stubs from employer C.
    Both employer A and employer C are willing to do fresh H1B extension (consular processing) PP premium processing. They will start within next one month after LCA approval.

    Question:
    • can i go back to India and return USA with existing valid visa (Nov 2017) and approved H1B (consular). The wait time can be 2 weeks if there is no RFE or close to 2 months if there is RFE.
    • can i stay in USA (max till I94 validity) without work, wait for H1B extension approval. Travel to Mexico and return USA with approved H1B and valid visa. Hope the PP H1B extension goes well and approved in 2 weeks.
    Please advise which option would be the best from port of entry questions point of view. I have client letter, recent pay stubs from company C and valid visa stamping (till Nov 2017) from Company B.

    Thank you very much.
     
  2. kiran45

    kiran45 New Member

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    Good morning Ron, appreciate your feedback. it would help me. thank you very much
     

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