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485 Denied - Pls Help !!!!
- Thread starter sanz72
- Start date
be_positive
Registered Users (C)
yes it is ! unscrupulous employersWGL_GC said:Did you get exact details why your 485 denied? is it because of 140 revoked?
sjetly said:Sanz,
As per my attorney and my knowledge, if you plan to do a new H1B, it always applies against the quota and does not depend on the fact that you are in the US or not. In case of an H1B tranfer, the quota is not taken into account.
Yes, I had a friend who got laid off and got a job several months later on and had to get the new H1B done with stamping outside the US before he could start working for the new employer. But every new H1B is cap subject. Let me know if this is correct.
Well, I am not an expert on such issues, so I wont be able to confirm or reject your/Attorney's opinion. It doesn't matter actually, because even if I want to get a new H1 done, I would need to leave the country to get my passport stamped and therefore exposing myself to a potential risk of Visa Denial.
be_positive said:Thaks a lot for sharing your information. How long did you take to file your MTR? I have been trying to get in touch with anyone from Sheela Murthy's Office but so far no luck. It looks like it will take another 2-3 business days.
File it as soon as possible. I filed mine within 30 days. Also try to talk to Rajiv, his office is really good when it comes to processing such cases.
Dont want to discourage you but I have personaly met and spoken with Ms. Murthy and IMO she is very defensive on AC21 denial cases.
Good Luck.
sjetly said:Sanz,
As per my attorney and my knowledge, if you plan to do a new H1B, it always applies against the quota and does not depend on the fact that you are in the US or not. In case of an H1B tranfer, the quota is not taken into account.
Yes, I had a friend who got laid off and got a job several months later on and had to get the new H1B done with stamping outside the US before he could start working for the new employer. But every new H1B is cap subject. Let me know if this is correct.
No. if you are counted in last six years you do not need a new H1B number.
Your friend was out of status for several month because of that he did not get an I-94 along with H1 extension. so he went out to get new I-94 not for stamping.