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  • H1B Extension denied

    Im in a critical immigration situation and i need your advise on that.

    Let me brief my situation.

    I'm on H1B and completed 3 years on H1B with GC processing started (I-140 approved recently). And im currently working on H1B for a Client in Dallas, TX.

    On Sept 12, 2016 (H1B petition expiry date: Sept 13, 2016), my company (it is a NJ based consulting firm) has filed my H1B extension. USCIS has issued RFE twice and on May 12, 2017 they have denied my H1B extension and quoted the below message in the receipt.

    “If the beneficiary is present in the US in violation of the law, he or she is required to depart immediately. Remaining in the United States without a lawful status after the date of this decision may result in the accrual of unlawful presence under section 212(a)(9)(B) of the Act, and may adversely affect the beneficiary's ability to return to the United Status lawfully in the future”


    What are my options left out now? Do i need to quit USA immediately? Can i switch to another company with H1B Transfer. (i have my I-94 expired on Sept 16, 2016)
    Note: I have my spouse who is working in USA on H1B and has I-140 approved already.

    If i switch to another company, will it be legal to continue working with the same current client? Or if i need to switch to H4 dependent visa, can we apply now being in USA or go out of country and apply from India?

    I would appreciate your timely response on my situation.

    Every minute count in my case.

  • #2
    Originally posted by karthikdkr View Post
    Im in a critical immigration situation and i need your advise on that.

    Let me brief my situation.

    I'm on H1B and completed 3 years on H1B with GC processing started (I-140 approved recently). And im currently working on H1B for a Client in Dallas, TX.

    On Sept 12, 2016 (H1B petition expiry date: Sept 13, 2016), my company (it is a NJ based consulting firm) has filed my H1B extension. USCIS has issued RFE twice and on May 12, 2017 they have denied my H1B extension and quoted the below message in the receipt.

    “If the beneficiary is present in the US in violation of the law, he or she is required to depart immediately. Remaining in the United States without a lawful status after the date of this decision may result in the accrual of unlawful presence under section 212(a)(9)(B) of the Act, and may adversely affect the beneficiary's ability to return to the United Status lawfully in the future”


    What are my options left out now? Do i need to quit USA immediately? Can i switch to another company with H1B Transfer. (i have my I-94 expired on Sept 16, 2016)
    Note: I have my spouse who is working in USA on H1B and has I-140 approved already.

    If i switch to another company, will it be legal to continue working with the same current client? Or if i need to switch to H4 dependent visa, can we apply now being in USA or go out of country and apply from India?

    I would appreciate your timely response on my situation.

    Every minute count in my case.
    Without knowing the full background on the reason for rejection, it is tough to tell. Would advise seeking guidance from an attorney for that. If you intend to move to H4 ideal and fastest option would be to leave US, get H4 stamped and re enter.

    This is my opinion not legal advice

    Comment


    • #3
      I agree with raghvi. Moreover, since you are not in a legal status right now, I doubt if your COS to H4 will be approved. You would have to do consular processing anyways. So if switching to H4, makes sense to leave US asap, and get the visa stamped.
      Just an opinion; Not legal advice.

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