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.
If my H-1B visa application is
rejected by USCIS due to my over stay, what other option I can take?
A:
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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