H-1B Visa Application in Consular Processing at Alien's Home Country

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Hi William,

I recently find a new job after I was laid-off due to the previous company shut-down. I want to apply for a new H-1B visa, but I am nor sure that my application will get approval because of 2 months gap. If my H-1B visa application is rejected by USCIS due to my over stay, what other option I can take?

Answer,

What you can do now is that you can file Premium Processing petition for your new H-1B status. If the petition is denied, you can go through the consular processing at your home country.

The U.S. Department of State rules indicate that the American consulates should not deny a visa application for overstays in the U.S. unless it reached 6 months or longer. It is also the USCIS' practice that in most cases of denial of the alien's H-1B status with the new employer, they still approve the employer's petition and request the alien to apply for the visa outside the U.S.

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