Is it 2nd H1 or Fresh(1st) H1?

bhartiya_12

Registered Users (C)
I had an H1 which expired on Jan 15th.

My prospective employer messed up and did not apply before Jan 15th for a transfer and applied on the 19th Jan for a Fresh H1.

This request was denied because immigration thought my propspective job was not stable.

The same employer applied again for a new H1 again for me in another service center last week as they want me to go to a different project in another area.

This was approved 2 days ago but we have still not received the notice of approval so don't know if the I-94 is attached to it or not.


Firstly I know that since Jan 15th I am not legal.

I have 3 questions.

1. Will immigration treat this as my 2nd H1 and not a fresh H1 and hence send a I 94 with the approval?

2. If they don't send a I-94 with the approval, does this mean that this is a fresh H1 for me and I have to get stamping done and I get the usual 6 years on H1 assuming I can get a 2nd term on this new H1?

3. In the last scenario could it be possible that even though they don't issue a I94 for me, its treated as the 2nd H1 term for me, and hence I only get the 3 years instead of the usual 6 for a fresh candidate.

Thanks
 
3. In the last scenario could it be possible that even though they don't issue a I94 for me,

-----its treated as the 2nd H1 term for me, and hence I only get the 3 years instead of the usual 6 for a fresh candidate.
 
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