Traveled for client B from India with H1B Amendment receipt notice - Denied

USA H1B Visa
1

@Anil_Gupta I am also in the similar situation now.

H1B Client A valid, Client position closed

I have valid original petition for client A but the position got closed.

File H1B Amendment for Client B, Travel to US on Receipt

So I have traveled for client B from India with the receipt notice after applying amendment.

Client B H1B Amendment denied - Speciality Occupation

Now they have denied my amendment with same reason "The position itself doesn’t qualify as specialty occupation (meaning that beneficiaries don’t require a bachelor’s degree to complete their tasks) ". My employer asked me to leave the country as there is no position in client A.

My visa expires 31-dec-2018.

Apply H1B Amendment for Client C from India?

Can I apply new amendment + extension for client C from India and travel for them. Is there any wait time before applying new one.

Please advise.

2

Yes, you can apply for amendment for client C from India and travel for them.
You can apply for amendment any time.

There is no wait time.

3

@Anil_Gupta can I apply transfer for another employer and travel to India … also if my current employer doesn’t approve for new amendment to client c from India can I apply for non cap to the new client before my Visa expiry.

4

Yes, you can apply H1B transfer.

You can apply for non-cap up to 6 years.

5

Can I apply non cap before my Visa expires or only after 31-dec-2018.

6

As already said, you can apply anytime.

7

Apologies for more questions my employer told as per USCIS we need to wait for 3 months to apply a new amendment after a deny. Is there anything like that.

8

I am not aware of any such rule. If your denial reason has been fixed, you can apply anytime.

If the denial reason is still there, it is of no use to apply again. It will be denied.

9

You mean I need to fix the denial reason for client B before applying amendment for client C.

10

You are confusing yourself a lot. You can apply for any client H1B anytime.

Ask yourself:
If you just applied for H1B using Client B details and it was rejected, what do you think should be done to re-apply for Client B and make sure it is approved?
If you do not fix the denial reason, what are the chances of approval?

If you want to apply for any other client, than you can apply if their paper work is correct anytime you want.

What is it that is common in your application which could affect your Client C or any other client application?

Think from USCIS point of view and you will get the answers.