First time H1b expired,second time denied - options available

[h1bquery2013 0]

Hi, I wanted to post my situation and wanted to know the different options available.

I am currently employed with Wipro, I have H1b approved and stamped during 2011 quota, details attached as below:

H1b Quota: 2011

Issue date: 02 March 2012

Expiry date: 31 Dec 2012

Present status: Expired, and never used, never travelled

Due to some challenges with my present employer, I never travelled to US, but later realized and I wanted to work in US. So I tried with one consultant and filed the new H1b petition during August 2012, and I have got RFE on this and got denial notice on Oct 19^th 2012. It was denied with 2 main reasons

1. Position applied is not a specialty occupation

2. Employer and employee relation not stated

So I wanted to open MTR to provide more evidence on this, but consultant told me that there is no specific time line for MTR, that could go for more than 6 months. So we decided to file new H1b petition, we applied in Jan 2013, and unfortunately got RFE for this as well and denial notice few days back.

This is my case, I don’t know what are the options available for me to enter into US

1. Can I request my current employer Wipro, to file the extension of my expired H1b? is it feasible, saying that we don’t have project during that time and now we have project and wanted to extend it

2. What would be the success chances of opening MTR for denial case?

3. What would be the success chances of applying new h1b petition with same consultant?

What would be the success chances of applying new h1b petition with different consultant / different employer?

[Boiler 45,557]

Lawyers working for your Employer handle H1's. Not a diy situation.

[Darnell 8,478]

IMO, you should have bugged yer WiPro caseworker to get you a posting in the USA. The visa was already approved, and not utilized by them. Who does that, really?

Tempus Fugit and nothing will work for you now.

[h1bquery2013 0]

Hi Boiler,

I think i can apply for new petition multiple times irrespective of cap count for next 6 years, is that right? or is there any condition to it ?

[Boiler 45,557]

You can not apply at all, H1b are applied for by your usually prospective employer.

Well the Lawyer acting on their behalf.

[h1bquery2013 0]

sorry, i mean my employer can apply for new petition multiple times irrespective of cap count for next 6 years, is that right? or is there any condition to it ?

[Boiler 45,557]

Usually H1's are keen to start work asap. I do not remember any provision that says you have to, but I would check with the Lawyer handling the case.

[h1bquery2013 0]

I still have that same job with that same company where I had my first H1b approved and stamped and nerver used and expired.

Any prospective employer can apply for new petition for me multiple times irrespective of cap count for next 6 years, is that right? or is there any condition to it ?

[Darnell 8,478]

you should talk with your company HR department, see about anything H1-B related and work in USA, today.

Can't do it today, you say? Do it tomorrow.

[h1bquery2013 0]

current employer is not willing to file new petition / extend for me, due to some political issues. that's the challenge.

[Darnell 8,478]

excellent ! So, now you know. If you are planning to keep working for WiPro, you must weather the political issues, or seek employment elsewhere. That's just common knowledge - I'm so proud of you for acknowledging it.

[Boiler 45,557]

The question is whether he can transfer the exiting petition to a new employer, which is possible. The issue is that he has never worked for the petitioning employer in the SU with it, that seems tricky and I do not know the answer.

[Harsh_77 718]

Boiler - I don't think that would work OP does not have any valid visa at the moment.

His older H1b is expired, he never travelled on it and it cannot be extended.

OP tried with different consulting companies and they all got rejected, immigration has been cracking real hard on those dummy consulting companies which mainly works as staffing companies.

[h1bquery2013 0]

you are right, there is so much scrutiny if we go with consultants? So i wanted to understand, whether any big US organizations process visa for individuals like me?

One more question is that any employer can file me new petition again? is there any count limit to that? Why i am asking is that I have already applied 3 petitions so far in last 1 year, btw is that allowed?

[Harsh_77 718]

you are right, there is so much scrutiny if we go with consultants? So i wanted to understand, whether any big US organizations process visa for individuals like me?

One more question is that any employer can file me new petition again? is there any count limit to that? Why i am asking is that I have already applied 3 petitions so far in last 1 year, btw is that allowed?

Yes there are organizations that do apply for H1, it would depend on your skills.

Lot of the major corporations have been holding back and not filing for new H1 as they cannot justify when they need ppl from out of country when we have high unemployment rate.

I believe you can file as many times as you wish and thru as many empolyers as you wish there is no restriction but CO can always see your older application and denials.

There has to be some reason why you were denied in your earlier attempt and if the situation has not changed much the approval is not going to happen.