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H1B Extension denied but Amendment got approved

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  • H1B Extension denied but Amendment got approved

    I am currently staying in USA and I had two H1B petitions filed with USCIS. One is H1B extension request filed before i-94 and another one is H1B amendment request filed after I-94.

    My H1B Amendment petition was filed as of July 2016 for new client and new location after I-94 expiration while my extension petition is in RFE status.

    My employer responded for extension request's RFE based on new client documents.

    Now my H1B extension went into Intent to Deny status as of Nov 1 2016 but my amendment petition got approved as of Nov 14 2016 with valid I-94 card with period from Nov 14 2016 to June 22 2019.

    My employer failed to respond for Intent to Deny Notice in time and now they are saying they cant appeal now. It may get deny soon.

    Below is my case history details.

    Extension request filed before I-94 :3/28/2016
    RFE triggered :6/15/2016
    I-94 Expired : 7/09/2016
    Second petition H1B amendment filed after I-94 : 07/18/2016
    RFE documents submitted based on the new client to USCIS for the extesnion request RFE :9/15/2016
    Intent to Deny Notice response from USCIS for extesnion request : 11/1/2016
    Second petition H1B amendment petition approved with I-94 card - 11/14/2016 to 2019.

    If my extension gets denied then Am I legal to stay in USA and continue my work for new location based on approved amendment petition? or I have to leave the country immediately.

  • #2
    Originally posted by jothinb View Post
    I am currently staying in USA and I had two H1B petitions filed with USCIS. One is H1B extension request filed before i-94 and another one is H1B amendment request filed after I-94.

    My H1B Amendment petition was filed as of July 2016 for new client and new location after I-94 expiration while my extension petition is in RFE status.

    My employer responded for extension request's RFE based on new client documents.

    Now my H1B extension went into Intent to Deny status as of Nov 1 2016 but my amendment petition got approved as of Nov 14 2016 with valid I-94 card with period from Nov 14 2016 to June 22 2019.

    My employer failed to respond for Intent to Deny Notice in time and now they are saying they cant appeal now. It may get deny soon.

    Below is my case history details.

    Extension request filed before I-94 :3/28/2016
    RFE triggered :6/15/2016
    I-94 Expired : 7/09/2016
    Second petition H1B amendment filed after I-94 : 07/18/2016
    RFE documents submitted based on the new client to USCIS for the extesnion request RFE :9/15/2016
    Intent to Deny Notice response from USCIS for extesnion request : 11/1/2016
    Second petition H1B amendment petition approved with I-94 card - 11/14/2016 to 2019.

    If my extension gets denied then Am I legal to stay in USA and continue my work for new location based on approved amendment petition? or I have to leave the country immediately.
    Amendment is a subset of the petition itself, so if petition itself is being revoked, then you may have to leave. But would advise talking to good independent attorney and looking at options of appeals.

    This is my opinion not legal advice.

    Comment


    • #3
      Originally posted by jothinb View Post
      I am currently staying in USA and I had two H1B petitions filed with USCIS. One is H1B extension request filed before i-94 and another one is H1B amendment request filed after I-94.

      My H1B Amendment petition was filed as of July 2016 for new client and new location after I-94 expiration while my extension petition is in RFE status.

      My employer responded for extension request's RFE based on new client documents.

      Now my H1B extension went into Intent to Deny status as of Nov 1 2016 but my amendment petition got approved as of Nov 14 2016 with valid I-94 card with period from Nov 14 2016 to June 22 2019.

      My employer failed to respond for Intent to Deny Notice in time and now they are saying they cant appeal now. It may get deny soon.

      Below is my case history details.

      Extension request filed before I-94 :3/28/2016
      RFE triggered :6/15/2016
      I-94 Expired : 7/09/2016
      Second petition H1B amendment filed after I-94 : 07/18/2016
      RFE documents submitted based on the new client to USCIS for the extesnion request RFE :9/15/2016
      Intent to Deny Notice response from USCIS for extesnion request : 11/1/2016
      Second petition H1B amendment petition approved with I-94 card - 11/14/2016 to 2019.

      If my extension gets denied then Am I legal to stay in USA and continue my work for new location based on approved amendment petition? or I have to leave the country immediately.
      Hi Jothi, Could you please let us know the result. Iam also in the same situation. Usics gave an extension for another two years along woth amendement which was asked for one year.
      however there is another H1B petition which was filed before this approval that got an RFE whcih cant be responded. USics has questioned on wage offered and the profile i have is very highly skilled. So we have applied for a H1B withdrwal and waiting for a reply from USICS.

      your case will he helpful to plan my things in adavnce.

      Regards
      Sasi.

      Comment


      • #4
        Greetings,

        Will you please share your experience on what you ended up doing in your situation.I am in a similar one and will really appreciate if you can share what steps you took and what was the outcome.

        Thanks again.
        Regards.

        Comment


        • #5
          Hello Everyone,
          I see that you guys are under same situation.
          My I94 got expired and then Extension RFE has come today.
          My Client and location is going to change so we are planning to file amendment.
          Could any of you please share your experiences on what needs to be done now?
          Shall we go ahead with amendment ?

          Any suggestions wold be welcomed.
          Thanks !

          Comment

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