Below is a situation of my friend:
H1B extension rejected (with reason ‘doesn’t qualify as Specialty Occupation’) in first week of DEC-2018 and by then not much time left on i-94 ( ~ 2 weeks more). Hence, per his employer/attorney advise, he returned immediately to India.
Though extension was filed in July with Premium, RFE was raised on the case immediately. Looks like employer submitted RFE response only in the last week of set deadline for RFE response and then later USCIS denied extension towards the end of 15-days response time limit from RFE response submission.
Though, he still has 1 year more until his Max-Out, his employer is not ready to take any action on H1B extension denial until 1 year, for reasons best known only to them.
Later, he received notification that his PERM (EB-2) is filed in last week of DEC-2018.
Is there really a 1-year cooling off period for any action to take in case of extension denial with USCIS?
What options in your view he may have with this situation?
Does travelling to non-USA countries on Work Permit during this 1 year wait time with same Employer, have any impact on future H1B/PERM processing?
Can he change employers and initiate H1B transfer? Does change of Job/Employer impact his PERM process?
Really appreciate your effort and time in clarifying above questions.