Legal Question in Immigration Law in Pennsylvania

I am currently on L2 EAD. My previous company (XYZ Inc) did process h1 for 2013 quota .My H1 got through cap as well (Petition valid till 19-June-2016). My employment got terminated with XYZInc in Sep 2013 (as i could not relocate at that point of time), and I continued to be on the L2 visa.

I started working again on L2 EAD in March 2014, through a consultancy(ABC) firm and they agreed to activate my H1B. This got denied and the ABC firm is now filing for Motion to reopen with USCIS.

My questions:

1) What are the chances of motion to reopen to get approved

2) In the mean time can I find a Job with other company and ask them to activate my H1?

3) Should I file for a new H1 in the next quota?


Asked on 9/16/14, 1:04 pm

2 Answers from Attorneys
Marlene Hemmings Marlene Hemmings, Attorney at Law

1) I cannot advise you on that, since I do not know the basis of the denial or how well the MTR was prepared.

2) Yes, as long as you have already been counted towards the H-1B cap in the past 6 years, and you have maintained valid non-immigrant status, the new employer just needs to file an I-129 petition for you; same as before.

3) Not necessary, since you have already been counted towards the H-1B cap in the last 6 years.

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Answered on 9/16/14, 1:30 pm
Rahul Manchanda, Esq. Manchanda Law Office PLLC

Hello - please call me at (212) 968-8600 or toll-free at (800) 750-1828. Kind regards, RDM

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Answered on 9/21/14, 7:50 pm


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