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Out of status, employment gap and status revalidation Gap in employment(paystubs) and the resulting problems during status transfer and green card filing.

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Old 12-25-2011, 08:51 AM
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Join Date: Nov 2011
Posts: 18
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Default How to Refile H1 after H1 Denied, I-140 Approved?

Hi all Experienced folks!

Please let me have privilege to get answers of some of my questions in this excellent forum. Hope answers will also be beneficial to other folks.

My H1 extension was denied last month and I have returned to my home country few days back. I am working at offshore team of same employer. My employer is not giving me clearcut response to refile H visa and send me back to Us. So I am willing to change my job and go to US ASAP.

I have following questions in this reagrd.

1) Since my I-140 is approved can I directly get a job in US through a consulting company or by joining at Client side as Full Time Employee and they can refile my H1 based on Approved I-140?
2) I heard from my friend that I should refile H within 6 month else I won't be able to refile H even though my I-140 is approved! Is this correct information or is there any such limit that I should refile my H ASAp?
3) What should be the best way to publish my resume to get jobs in US?

*Following is my data*
H1 issued on 9/30/2005
H1/I-94 Expired on 9/30/2011
H1 Visa Denied on 11/23/2011
Denial Reason: Absence of Client letter
Left US on 12/15/2011

I was out of India on following days.
Oct-2005 to Dec-2005
Feb-2006 to Jun-2006

I-140 Approved on 4/23/2011

So I have been in US for 5 years and 7 months.



Kindly advise.

Warm Regards
Visathinker
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