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H1B ext denied->valid I94, valid visa->Same employer filed new H1B->approved
Anonymous2 views4 answers
I am staying with the same employer from beginning.
Employer filed H1B ext and after RFE it got denied and went to out of status.
Immediately my employer filed new H1B through consular process and got approved.
Do i have any chance of getting I797 with I94. If not, can I attend VISA interview in Canada apart from my home country(India).
Carl Michael ShustermanImmigration AttorneyLos Angeles, CA ·
It is possible, but more facts are needed. For example, if you have been out of status for 180 days or more, you would be subject to a 3 or 10 year bar to returning to the US if you left to get an H-1B visa.
Please see
If your employer filed it immediately without a big gap, you will be fine. And you may be able to go to canada for the stamping but you will have to remain in canada for the duration until you get your visa stamped. It might take anywhere from a two weeks to a month. So plan accordingly. All the best,
Giacomo Jacques BeharImmigration AttorneySan Diego, CACA licensed ·
Possibly yes, but only if it's not going to be the first time you apply for an H-1B visa "stamp" and also IF you did not accrue 180 days or more of 'unlawful presence" in the USA, which will have the consequence of triggering the 3 year inadmissibility bar upon your departure. Check with a lawyer in private.
Congrats on the new H1B approval! As mentioned, it is possible for you to get the visa stamping in Canada given that you have minimal unlawful presence, but you should plan appropriately for the trip north and discuss it with counsel for your employer. Best of luck.
