H1-B question

[truelyconfused]

What is the name of your state? NY to CA

I have a pending H1-B petition, and I am still waiting for a license/certificate from the certification board which will be the deciding point. However, I have also received a job offer in CA where they are willing to sponsor me with a different job description and doesn't require any licensure.

Since the H1-B filing period for FY 2005 is already closed, is it possible for me and my prospective employer to ammend or change details of that same petition just to catch up with the deadline?

 

[ImmigAttyLana]

No, the new petition will not be approved until there has been a decision on the pending petition.

Please let me know if you have any additional questions or if I may be of assistance to you in this matter.

 

[truelyconfused]

question for Atty. Lana

I've just seen the results of my licensure exam, unfortunately, I didn't make it. Therefore, I won't get my visascreen requirement for my H1-B to be approved. Thus, it will be denied.

As I have previously stated, I have applied for a B2 extension (and was also approved) which expired on August 21,'04. My H1-B petition was filed and received on July 1,'04.

My question is, since my H1-B petition will ultimately be denied because of failure to meet the deadline to submit a requirement, if I go back home and come back after a year of stay in my homeland again under B2 will I be subject to the 3 year ban?

Because I have learned that the INS won't accept petitions until April 2005. And some of my cousins said that if i go home after having an approved extension, I won't be able to comeback even if my H1-B gets approved. Is it true?

I am truly confused about these issues. Please help me.

Thank you