My 6 years of h1b expired on 30th Sep, 2004.
I have been staying in Canada since then.
Using the 1 year gap rule, my company applied for a fresh H1B via premium processing.
This was approved and I received an I-797 valid from Oct 1, 2005.
I went for my visa stamp in Toronto yesterday. Today they denied my stamp with a printout stating
“A non-immigrant who has spent the maximum allowable period of stay in the United States in H and/or L status, the alien may not be issued a visa or be readmitted to the United States under the H or L classification, nor may a new petition, extension, or change of status be approved for that alien under INA 101(a)(15)(H) or (L), unless the alien has resided and been physically present outside the United States.”
Basically stating that their interpretation of the sentence is that I cannot even file for a new H1B prior to 1 year gap from the 6 yrs expiry.
Additionally, they also kept my I-797.
PLEASE HELP!!!!
What should I do now?!??
I have been staying in Canada since then.
Using the 1 year gap rule, my company applied for a fresh H1B via premium processing.
This was approved and I received an I-797 valid from Oct 1, 2005.
I went for my visa stamp in Toronto yesterday. Today they denied my stamp with a printout stating
“A non-immigrant who has spent the maximum allowable period of stay in the United States in H and/or L status, the alien may not be issued a visa or be readmitted to the United States under the H or L classification, nor may a new petition, extension, or change of status be approved for that alien under INA 101(a)(15)(H) or (L), unless the alien has resided and been physically present outside the United States.”
Basically stating that their interpretation of the sentence is that I cannot even file for a new H1B prior to 1 year gap from the 6 yrs expiry.
Additionally, they also kept my I-797.
PLEASE HELP!!!!
What should I do now?!??