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H1B Extension Denied - Need help to determine options

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  • H1B Extension Denied - Need help to determine options

    Good morning ..

    My employer filed H1B extension in November 2013 to Vermont service center and it got transferred to California service center in February 2014. I got RFE on Feb 20 ( Query 1. Employee -employer relation ship .. Query 2. Proof of Employee legal status). My employer answered both queries on Apr 28 and upgraded my application to Premium process as my I-94 got expired on Apr 7 2014. I am surprised when I see my case status as Denial on May 8,2014. I and my employer didn't received any email/notice as of now about denial. I have still 2-1/2 years H1B left on my 6 years and also My I-140 approved on Apr 3,2014

    Could anyone of you please provide your experience on my below questions.
    1. File H1B petition with new employer ?
    2. Appeal existing denial case ?
    3. File another H1B petition with same employer( Where my h1b extension got denied) and also appeal denial case ?
    4. Can i eligible to work at the time of appeal/Appeal in process ?
    4. Can i eligible to work on the new H1B receipt if I applied a new H1b petition(New means i want to use existing H1B visa allocated for me) with new employer

  • #2
    H1B Extension Denied - Need help to determine options

    I am sorry to hear this.

    You should have converted to premium when you got the RFE. At least you would have had enough time to find another employer. Now you are in illegal status since your I 94 expiry (Apr 7th). I would not recommend to appeal for the Denial as it is a very time consuming process and you will never know what would be the end result.

    You can try to transfer using this CAP exempt petition but again you might get a RFE asking for your status since APR 7th. You need to really reach out to any good immigration attorney immediately. You should have a clear opinion about their course of actions if you get a RFE again for the transfer. But that's the only best option other than leaving the country.

    Please don't waste your time as you are accumulating illegal status every day since Apr 7 th because of this denial. ACT immd. Hope you will be alright soon.

    This is my opinion.