H1B Extension denied and I94 expired

[sand]

My H1B visa and I94 was expired on first week of May 2013.

H1B extension petition is denied on 06/20/2013. My organization is waiting for the denial notice(hopefully will receive this week) to see whether appeal is possible or not.

What all the next options I have? Can I move to a new organization B now and apply for H1B transfer?

If my current organization A is going for appeal and I'm staying in A itself, can I work and get salary during the appeal period? My petition was submitted in regular mode. How long usually appeal takes? Can I move back to India during appeal period?

Is it possible to submit a new H1B premium petition from US itself or do I need to move back to India for that? Does H1B cap apply for that if I apply a new H1B premium?

Is there any other options I have?

[raghvi]

My H1B visa and I94 was expired on first week of May 2013.

H1B extension petition is denied on 06/20/2013. My organization is waiting for the denial notice(hopefully will receive this week) to see whether appeal is possible or not.

What all the next options I have? Can I move to a new organization B now and apply for H1B transfer?

If my current organization A is going for appeal and I'm staying in A itself, can I work and get salary during the appeal period? My petition was submitted in regular mode. How long usually appeal takes? Can I move back to India during appeal period?

Is it possible to submit a new H1B premium petition from US itself or do I need to move back to India for that? Does H1B cap apply for that if I apply a new H1B premium?

Is there any other options I have?

How long have you been present in US? An appeal doesnt grant you a legal status and can sometimes takes months. And i dont think you can work during the appeal period. if eventually the appeal is overturned all period after the I-94 expiry is considered illegal and if period is beyond 180 result in multiple year ban from entering US.

Advisable to file another H1b in premium with same employer or a new Employee, leave US get H1 stamping done abroad and return.

This is my opinion not legal advice.

[sand]

I just completed 2 years in US.

If I go back to India and apply for a premium H1B, do I need to wait till next April (till regular H1B cap cycle)? Also since current extension is already denied, will the chances of denial will be more in future?

[raghvi]

I just completed 2 years in US.

If I go back to India and apply for a premium H1B, do I need to wait till next April (till regular H1B cap cycle)? Also since current extension is already denied, will the chances of denial will be more in future?

You don't need to wait till next April. The documentation that you submitted might not have been strong enough to justify an extension example,a client letter might not have been provided, if your company and lawyer can work around providing more stronger documentation in future I don't see why there would be any denial.

This is my opinion not legal advice.

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I just completed 2 years in US.

If I go back to India and apply for a premium H1B, do I need to wait till next April (till regular H1B cap cycle)? Also since current extension is already denied, will the chances of denial will be more in future?

You don't need to wait till next April. The documentation that you submitted might not have been strong enough to justify an extension example,a client letter might not have been provided, if your company and lawyer can work around providing more stronger documentation in future I don't see why there would be any denial.

This is my opinion not legal advice.