new H1 application after denial

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bhartiya_12

Registered Users (C)
My h1 was denied and my company is in Chicago. I'm not sure which service center does Chicago come under. My employer suggested that instead of going for an appeal which is usually denied it might be better to try a fresh H1 from another center say texas. They have some other co in texas they can route me to.


Will the texas center know my H1 was denied in the other center and also what are the chances of approval in texas specially now since my employer says he can do a better job in preparing my case since they know what the denial was for initially.

Basically the denial said the projects my employer showed I will be working on does not guarantee that I can be continously employed by this company for 3 years which is the h1 period.

I already have had and used my first h1 which expired on jan 15th.

Thanks
 
Yes TSC will know about your denial. But do you have any other chance other than changing employer?
 
If I get a denial again I have no choice except try to get H4 since my wife just started a job and is on H1.

If the H1 cap is reached will my application be returned and asked to apply later or will they just keep it and process later? How does this work?
 
If the H1 cap is reached will my application be returned and asked to apply later or will they just keep it and process later? How does this work?

----- they may keep it and process it after October 2004
 
Or the USCIS might take the position that you are not subject to the cap, since you were previously given H1B in the past six years (unless your previous employer was cap exempt), and you are not re-starting another fresh six year period. Being out of status might be your hurdle. Commonsensically speaking, you should go through the entire petition your company is preparing and see if they do a good job this time.
 
Or the USCIS might take the position that you are not subject to the cap, since you were previously given H1B in the past six years
bhartiya_12 H1B will be fresh new H1B and is subject to Cap as it is not H1 extension or Transfer and his I-94 has expired he is staying illegally in US at this time and has bad lawyers, bad employer who gave/give him bad advice, he is adding unlawful presence by staying in US and that may create more problems for him in future, his I-94 expired and is illegally staying in US. His fresh NEW H1B case that is subject to Cap if approved after October 2004 and then he goes out for H1 visa stamp from consulate he may have bar of 3/10 years for his illegal stay in US if he does not depart US now.
 
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