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  • H1b petition denied. I94 expired

    My I-129 petition got denied. I haven't received the denial reason yet.
    I have been working with the same employer, same client for the past 4 years and have applied twice for H1B and have had no problems. Not sure what went wrong this time for it to get denied.
    I filed my H1b extension on 11/25/2016
    My I94 got expired on 12/31/2016
    I got an RFE on 12/09/2016
    The RFE reply was sent with all the paperwork on 02/03/2017

    On 02/17/2017, my status shows that the petition was denied.
    My wife's H4 status shows the same that it was denied.

    My employer is usually very thorough in filing the paperwork so not sure what went wrong.
    I have an approved I-140

    Now what are my options. I know I need to go to India asap but I will wait for the denial reason to understand more
    1) I will go to India once I have the letter
    2) I will stop working
    3) Can I apply for a new H1b extension with the same employer?
    4) Should I file an MTR? and how long does it take to receive a response?
    5) should I instead file a fresh H1b transfer via another employer?
    6) will my stay from jan till date consider illegal?

    Please let me know your suggestions/inputs. Thank you in advance.

  • #2
    Pls help

    Hi Guys,

    any suggestions?

    I also see there is a new rule for a 60 day grace period? Can I be eligible for that?

    Comment


    • #3
      The grace period is so you stay in status for a while after termination as long as it's within the I-94 period. Status can never extend past the I-94 expiration. Your I-94 is already expired.

      Maybe your employer can file motion to reopen or reconsider if it's obviously a mistake. But otherwise you cannot generally apply for extension of status or change of status when you are already out of status.

      This is my personal opinion and is not to be construed as legal advice.

      Comment


      • #4
        Originally posted by newacct View Post
        The grace period is so you stay in status for a while after termination as long as it's within the I-94 period. Status can never extend past the I-94 expiration. Your I-94 is already expired.

        Maybe your employer can file motion to reopen or reconsider if it's obviously a mistake. But otherwise you cannot generally apply for extension of status or change of status when you are already out of status.

        Thanks!
        Does this mean my only option is to apply for MTR? My employer wasn't too optimistic about the MTR. Anybody has any experience about the MTR process, any advise?


        My employer mentioned that they can file a fresh application if I can convince the client to wait for me while I take some weeks off. Can that work?
        Obviously, I will have to go through the stamping process and deal with that but as per my employer that seems to be a better option. We still haven't received the denial notice so not sure what the details are in there.

        Comment


        • #5
          Originally posted by maxxx View Post
          Thanks!
          Does this mean my only option is to apply for MTR? My employer wasn't too optimistic about the MTR. Anybody has any experience about the MTR process, any advise?


          My employer mentioned that they can file a fresh application if I can convince the client to wait for me while I take some weeks off. Can that work?
          Obviously, I will have to go through the stamping process and deal with that but as per my employer that seems to be a better option. We still haven't received the denial notice so not sure what the details are in there.
          Hi -

          What did you do to go through this situation? Did you file through a new employer?

          Comment

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