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  • H1B extension denied...Need urgent help

    Hi,

    My company had filed for H1B extension and it was denied today. I had received a RFE and the extension has been denied now. My visa is already expired, should I refile the extension? Please let me know the options available.

    Thanks

  • #2
    Originally posted by sat_2018 View Post
    Hi,

    My company had filed for H1B extension and it was denied today. I had received a RFE and the extension has been denied now. My visa is already expired, should I refile the extension? Please let me know the options available.

    Thanks

    Once the petition is denied and you receive notification, you are immediately out of status and would need to leave the U.S.

    This is my opinion and not legal advice. Use of this information is strictly at your own risk.

    Trinity71

    Comment


    • #3
      Originally posted by Trinity71 View Post
      Once the petition is denied and you receive notification, you are immediately out of status and would need to leave the U.S.

      This is my opinion and not legal advice. Use of this information is strictly at your own risk.

      Trinity71
      Thank you for the quick response.

      Just to add more details


      I came into US on H1 with emp A in Oct 2014. Moved to emp B after they filed for H1 transfer after getting the*receipt notice.

      Emp B filed for H1 transfer + amendment*in July 2016. then I have moved locations with same emp B for which we filed another amendment in July 27 2017.

      Received RFEs for both cases in Aug 2017 and Emp B responded to this. Have received a NOID today for the first H1 transfer and amendment filed which I was told also had the extension request with it. The reason stated was lack of client letter and insufficient support. I will have the details today.

      My H1 has expired*on Sept 04,2017 and my i-94 also expired on Sept 04,2017

      Questions

      1) Am I immediately out of status given my visa expired on sept 4*but the notice itself says I have 30 days to respond

      2) My company is suggesting that the best course of action is to file a H1 transfer with another firm instead of filing an apeal against the notice itself. Is H1 transfer a viable option given my visa has already expired ?

      3)Employer also suggested that one option could be if my prev employer can file for my extension. Is this possible given my visa expired on Sept 4,2017.

      * Please help. This is urgent.. Any help will be greatly appreciated.

      Thanks,

      Comment


      • #4
        What happened with your case ? Curious to know.

        Comment


        • #5
          Originally posted by sat_2018 View Post
          Thank you for the quick response.

          Just to add more details


          I came into US on H1 with emp A in Oct 2014. Moved to emp B after they filed for H1 transfer after getting the*receipt notice.

          Emp B filed for H1 transfer + amendment*in July 2016. then I have moved locations with same emp B for which we filed another amendment in July 27 2017.

          Received RFEs for both cases in Aug 2017 and Emp B responded to this. Have received a NOID today for the first H1 transfer and amendment filed which I was told also had the extension request with it. The reason stated was lack of client letter and insufficient support. I will have the details today.

          My H1 has expired*on Sept 04,2017 and my i-94 also expired on Sept 04,2017

          Questions

          1) Am I immediately out of status given my visa expired on sept 4*but the notice itself says I have 30 days to respond

          2) My company is suggesting that the best course of action is to file a H1 transfer with another firm instead of filing an apeal against the notice itself. Is H1 transfer a viable option given my visa has already expired ?

          3)Employer also suggested that one option could be if my prev employer can file for my extension. Is this possible given my visa expired on Sept 4,2017.

          * Please help. This is urgent.. Any help will be greatly appreciated.

          Thanks,
          1) Yes. Visa validity is only for entry purposes. So it does not matter here. I94 on the other-hand is what determines whether your stay is legal or not. Since the I94 validity date has passed, and your extension petition has been denied, you are out of status.
          2) H1 transfer could still be done, but most probably COS would be denied viz., your acceptance would not come with a I94 and you would have to go out of the US and get a new visa.
          3) Same as 2 above.
          Just an opinion; Not legal advice.

          Comment

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