Immigration Issues/H4 to H1 to H4 to H1

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Question
hi Sir,
I came ot US ON H4 Visa later COS to H1B. Due to some  perosnal reasons I went to for H1B  stamping in mexico,unfortunately my visa got denied, from there went back to my Home country(India).

Now iam planning to come to USA again on H4 thru my husbands H1B. Once landing in US i would like COS to H1B becuase i already have job offer.

Could you please help me with the below questoins.

1) As my H1B visa denied once already, still am i eligible COS to h1b with out  respect to the cap quota.
2) As my h1B Visa denied what is the impact on h4 visa.


Thanks,
Alekya


Answer
Alekya,

1) As my H1B visa denied once already, still am i eligible COS to h1b with out  respect to the cap quota.

Your H-1B was not denied. You visa application was denied. So obtaining  H-4 visa or filing a H-1B with a COS application will not be affected due to the denial of your visa application. H-1B visas are still available. The quota has not been exhausted


2) As my h1B Visa denied what is the impact on h4 visa.

See above

Sincerely,
Ramasamy Krishnan

Immigration Issues

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Ramasamy Krishnan

Expertise

Immigration particularly business immigration and National Interest Waivers.

Experience

I have over 7 years of experience in all facets of immigration law. Specifically focusing on filing of National Interest Waivers (NIW), Alien of Extraordinary Ability and Outstanding Researchers/Professors petitions for Ph.D's and other advanced degree professionals. I have also assisted clients in numerous PERM, H-1b, L and other nonimmigrant visa applications. I am a partner at the law firm Ashley & Krishnan, www.ashleykrishnan.com

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