LCA RFE denied Original Petition valid till June 2019

rohit.gupta

New Member
Hi,
I have original valid petition for Location A valid till 22nd June 2019, But never travelled yet to that location.
I have raised LCA for location B in June 2018 , for which RFE came and it gets denied on 27th Dec 2018.
Whether I will be able to travel to Location A for which I have original petition valid till 2nd June 2019 and after that make the extension request ?
 
I am assuming this was an amended petition, if that is the case LCA/H1B was filed for location B b'coz locations A's job is no more available. In these circumstances if location A job is available you need to refile LCA/H1B
 
Thanks whitemimauz3 for quick response.
What about the Cap exempt process. Is it possible to go for CAP exempt process immediately after receiving the denial notice.
or,
Is there any wait period only after I can apply for CAP exempt / LCA / Fresh Visa.

If I ask you in one line, What is the possibilities in this situation that I can follow.
 
Your new H-1B petition is cap exempt. As long as there is bona fide job available at location A for you to join H-1B may be approved & then if some reason USCIS determines while during all this transitioning, you did not maintained previously accorded H-1B status they might deny extension of status for which you need to step out of country & re-enter with new H-1B visa.
 
Thanks @whitemimauz3 .

Understood, It looks like I may need to go for a fresh Visa application in coming years again or wait for some months / a year to re-apply with CAP exempt .
 
Top