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Hi Peter, I am from the Philippines, and I got an H-1B petition last 2019, which is valid until Sept 2021. I cancelled my scheduled visa interview last 2019 due
by johndavid9991 7y ago
Hi Peter, I am from the Philippines, and I got an H-1B petition last 2019, which is valid until Sept 2021. I cancelled my scheduled visa interview last 2019 due to family reasons. I am still working with my employer and working remotely as an independent contractor with them. My question is if I can still use the H1B petition later this year or early next year before it expires (depends on when the Covid19 crisis ends). I got denied twice before back in 2017 and 2013 for B1/B2. Now, I have enough ties in my home country, married with two kids, and have travel history to Japan and Singapore. Do you know if my previous denials for the B1/B2 visa would affect my H1B approval?
Thanks Peter.
P.S. We applied in YC last year but did not make it to the final round. But still, the feedback we got from YC enabled us to pivot quickly which we found to be very valuable.
- proberts 7y agoYes, as a general rule, you still should be able to use the approved H-1B petition to apply for an H-1B visa and work in the U.S. and your prior B-1/B-2 denials shouldn't impact your H-1B visa application since the reason(s) for those denials aren't reasons to deny an H-1B visa application. Make sure to retain counsel however because you should talk through your H-1B visa application and subsequent entry to the U.S.
- johndavid9991 7y agoThank you, Peter. My follow-up question is if my company don’t survive the covid-19 crisis. Can my approved H-1B petition be transferred to another company?
- proberts 7y agoIf this happens before October 1, 2020, then under present law, no.
- johndavid9991 7y agoThanks again Peter.