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H1b extension approved and denied after couple of months..

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  • H1b extension approved and denied after couple of months..

    Hello,

    To give you the back ground information, My original H1-B petition was filed on April 24th, 2012 (date received the by the USCIS) and approved on October 1, 2012. I got the initial H1B approval for 1 Year i.e until September 30, 2013.

    My 1st extension was filed, and got the approval until September 30, 2016.

    My 2nd extension was filed, and got the approval until September 30, 2019 in August, 2016 , but my employer received the NOIR (Notice of Intention to Revoke) after couple of months, that is on November, 2016, because my original petition was approved under the Masters quota, and my University is Private & for profit organization. I was not aware of this whole situation as my employer has not notified me. My Employer responded to the RFE on his own without my knowledge, and received the denial notice on January 19, 2017, and I am in out of status now.

    But, I have a approved I-140. My wife is doing her practical training on OPT(F-1) status.

    As per the new rules (Starting January 17, 2016), am i eligible for the I-140 EAD under the compelling circumstances since I have a family dependency?

    Thanks

  • #2
    Originally posted by ravindranath4u View Post
    Hello,

    To give you the back ground information, My original H1-B petition was filed on April 24th, 2012 (date received the by the USCIS) and approved on October 1, 2012. I got the initial H1B approval for 1 Year i.e until September 30, 2013.

    My 1st extension was filed, and got the approval until September 30, 2016.

    My 2nd extension was filed, and got the approval until September 30, 2019 in August, 2016 , but my employer received the NOIR (Notice of Intention to Revoke) after couple of months, that is on November, 2016, because my original petition was approved under the Masters quota, and my University is Private & for profit organization. I was not aware of this whole situation as my employer has not notified me. My Employer responded to the RFE on his own without my knowledge, and received the denial notice on January 19, 2017, and I am in out of status now.

    But, I have a approved I-140. My wife is doing her practical training on OPT(F-1) status.

    As per the new rules (Starting January 17, 2016), am i eligible for the I-140 EAD under the compelling circumstances since I have a family dependency?

    Thanks
    Hi ravindranath4u

    Since your H1 is denied / revoked due to for-profit university, your H1B is no longer valid so your I140 so please contact a good immigration attorney.
    The new Jan 17th 2017 rule only valid if you have valid H1B and I140, then you can find new job within 60 days.

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