I was in the US on a b2 visa from feb - aug 2011. During this time i was contacted by an h1b consulting firm and they offered me h1b sponsorship. Some US immigration attorneys advised me that i need not leave the US and a change of status from b2 to h1 can be done while i am there itself. However, the h1b sponsor convinced me that i would have to return to india to file my h1b visa application. They applied for my h1b when i was in India and got the approval notice. When i went for the visa interview , the embassy issued a RFE. The employer advised that there is no timeline to approval of RFE response, and it would be a major of waste of my time to wait for this to materialise. They advised i shd transfer to new employer. This was in Dec 2011. Have i been cheated? Stuck in India. any help?
I agree with my colleagues.
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Carl Shusterman, Esq.
Former INS Trial Attorney (1976-82)
Board Certified Immigration Attorney (1986 - Present)
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It is not possible to say whether of not you have been cheated based on the facts provided. In terms of your current situation, you will able to apply for a new H-1B visa on April 1, 2013 when the next H-1B visa quota cycle begins. As you know, to file a valid case you will need a valid professional level job offer from a U.S. company and will have to satisfy various other H-1B requirements.
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