H1B Visa denied, Planning to reapply in premium mode. Chances of approval?

USA H1B
1

Hi All,

My H1B extension got Denied on 28th Aug 2018 and I had to relocate to India. After taking 1 year break, I applied for H1B Extension in normal mode in Sept 2019. My manager is insisting to update it to premium mode.
I am worried since the current project SOW ( Statement of Work) is only till Dec 2019, will upgrading to premium will lead to another denial or what are the chances. Please give some suggestion.

Regards,
Musaveer

2

Hi @musaveer_h

Upgrading to premium does not affect your approval chances. I always insist on upgrading to premium to get results faster.

The denial chances again will be high if you have not fixed the denial reason.

What was your denial reason earlier?

3

Hi @Anil.Gupta

My denial was due to specialty occupation.

My only concern is since the SOW (statement of work ) they used to file my petition is getting expired in Dec 2019, won’t that impact if I file for premium.

I have seen some of my colleagues getting approved petition just for 26 days. I have submitted client letter as well hoping that helps to get more validity.

Regards,

4

Hi @musaveer_h

I don’t understand the concern here. If you file in regular, you will probably not even get approval by Dec 2019.

If you file in Premium, you still have a chance to get approval till SOW date and then you can file extension once you have traveled to US.

5

Hi @Anil.Gupta

Sorry, I did not mention the entire thing. Travel will be somewhere in feb or March 2020. I am hoping I get a validity for Atleast 1 year so that I don’t have to reapply again from India.

Regards,

6

Hi @musaveer_h

I think you are not clear about what you are asking and what you want to do.

If you think that you will get approval only till Dec 2019, then how can you travel in Feb 2020? If it remains pending with regular processing, how will you travel?

Please ask specific questions to help save your and my time.

7

Hi @Anil.Gupta,

I had one more question regarding H1 clock reset.
I have 2.3 years left in my H1B.
My visa was denied last year August 28th 2018 and I left US on Sep 3rd 2018.
I took 1 year of Gap and my petition was again filed on Sep 5th 2019. So it’s 1 years exactly. I heard if you stay abroad for 1 year the clock gets reset and we can stay for another 6 years by apply valid extension.

Is this correct ?

Regards,
Musaveer

8

No, that’s not correct.

The clock only resets if you apply for a new cap subject H1B after waiting outside US for 365 days.

You have applied for cap-exempt H1B and it does NOT reset the clock.