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I am in India and my H1B petition was denied. Can I come to the U.S. on H-4 and then file a motion to reopen or appeal?

29 Dec 2014
Posted at 15:35h in FAQs by

Answer

What you suggest is possible, if it can be done within the timeline for the MTR/Appeal. However, unless the H1B was a cap case, this may not be the best option. If it isn’t a cap case, then it may be possible to just refile the H1B with better proof and/or better arguments to “fix” whatever caused the denial. It may be best to schedule a consultation to go over options, and to decide if there are possible issues to argue in an MTR or appeal. (29.Dec.2014)

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