H1 issue - help please!!

R

rpravin02

New Member
---------------------------------------------Country living in.
March 2007 ----- H1 applied ----- India
June 2007 ----- H1 approved ----- India
Sep 2007 ----- Entered US on H4 ----- US
Feb 2008 ----- Applied for H4 extension ----- US
Mar 2008 ----- Applied COS - H4 to H1 ----- US (got reply
stating H1B petition had become automatically invalid/amended in Feb
2008)

Note: Extending H4 while in US made my H1B petition automatically
invalid/amended.
Employer does not want to give the copy of approved petition to me .
I have the receipt number only.

I heard from my friends that I am cap exempt so I don't need to wait for next year quota

Please let me know how can I get new H1?
 
rpravin02 said:
Please let me know how can I get new H1?
Click to expand...

The simple answer: by going out of the USA, obtaining a H1 visa stamp based on your prior approval and reentering with that visa. You would however, need the H1 approval notice which your employer is witholding.

Since you entered with H4 visa, you invalidated your prior H1 visa.

However, if I were you, I would consult and immigration attorney with my questions.
 
You must log in or register to reply here.
Top