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2017 H1B Extension denied

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  • 2017 H1B Extension denied

    I'm working for a consultant company A. I just recently got first H1B Extension denied. My first H1B petition and I94 will be expired in 08/28/2017
    H1B Extension petition was filed on 03/16/2017 under premium processing, went into RFE on 03/24/2017, replied on 04/19/2017 and finally got denied on 04/25/2017.

    I have yet received the notice. From what I talk to the immigration team, they can either refile H1B or leave the country and apply L1B visa, since I previously worked for the oversees branch for at least 1 year in 36 months. In the mean time, I get an offer from Company B, an American ecommerce company. They can sponsor H1B transfer for me under normal processing, they want me to star working on receipt date, potentially on 07/01/2017.

    1. Can both Company A and B file at the same time? Will it impact to the other petition? What if one petition gets denied, does it impact to the other peition?
    2. If only company B files H1B transfer and if it gets denied, what happens to my status? Do I have 60 day grace period to find another employer? Can company B refile a new petition? Do I have leave the US right away?
    3. If I leave the US and apply L1B visa, can I change the status to H1B later if company A decides to file H1B petition?

  • #2
    Originally posted by hudahuda View Post
    I'm working for a consultant company A. I just recently got first H1B Extension denied. My first H1B petition and I94 will be expired in 08/28/2017
    H1B Extension petition was filed on 03/16/2017 under premium processing, went into RFE on 03/24/2017, replied on 04/19/2017 and finally got denied on 04/25/2017.

    I have yet received the notice. From what I talk to the immigration team, they can either refile H1B or leave the country and apply L1B visa, since I previously worked for the oversees branch for at least 1 year in 36 months. In the mean time, I get an offer from Company B, an American ecommerce company. They can sponsor H1B transfer for me under normal processing, they want me to star working on receipt date, potentially on 07/01/2017.

    1. Can both Company A and B file at the same time? Will it impact to the other petition? What if one petition gets denied, does it impact to the other peition?
    2. If only company B files H1B transfer and if it gets denied, what happens to my status? Do I have 60 day grace period to find another employer? Can company B refile a new petition? Do I have leave the US right away?
    3. If I leave the US and apply L1B visa, can I change the status to H1B later if company A decides to file H1B petition?
    Hi What happened to yuor case? curious to know.
    Generally since you found new employer before I 94 expiry you are good to stay in US. but not a legal data. Your experience will clarify that. Could you please let us know?

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