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H1-B extension approved but I-94 rejected

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  • H1-B extension approved but I-94 rejected

    Hi All,

    I recently applied for my H1-B amendment plus extension. The packet was received to USCIS when I went to India on vacation. Recently my extension was approved but it says the portion of the petition requesting an extension of status is defined. My old H1-B was valid till 09/30/2017. My new H1 started from 5/18/2017. The explanation for rejection was the extension was filed while I was in India under Title 8 Code of federal Regulations (8 CFR),part 214.1(c)(4) states Timely filing and maintenance of status.

    So what do I need to do now? Can I go to India before September or should I get new I-94 asap. Not sure on what denial of extension of stay meant?

  • #2
    Originally posted by AdityaS View Post
    Hi All,

    I recently applied for my H1-B amendment plus extension. The packet was received to USCIS when I went to India on vacation. Recently my extension was approved but it says the portion of the petition requesting an extension of status is defined. My old H1-B was valid till 09/30/2017. My new H1 started from 5/18/2017. The explanation for rejection was the extension was filed while I was in India under Title 8 Code of federal Regulations (8 CFR),part 214.1(c)(4) states Timely filing and maintenance of status.

    So what do I need to do now? Can I go to India before September or should I get new I-94 asap. Not sure on what denial of extension of stay meant?
    What is the expiry date of your H1 visa in your passport?

    Comment


    • #3
      Originally posted by AdityaS View Post
      Hi All,

      I recently applied for my H1-B amendment plus extension. The packet was received to USCIS when I went to India on vacation. Recently my extension was approved but it says the portion of the petition requesting an extension of status is defined. My old H1-B was valid till 09/30/2017. My new H1 started from 5/18/2017. The explanation for rejection was the extension was filed while I was in India under Title 8 Code of federal Regulations (8 CFR),part 214.1(c)(4) states Timely filing and maintenance of status.

      So what do I need to do now? Can I go to India before September or should I get new I-94 asap. Not sure on what denial of extension of stay meant?
      So you are now in the US? When were you admitted until on your new I-94 that you got on your most recent entry?

      Denial of Extension of Status is normal because you left the US, so no longer had any "status" to extend.

      This is my personal opinion and is not to be construed as legal advice.

      Comment


      • #4
        Originally posted by raghvi View Post
        What is the expiry date of your H1 visa in your passport?
        The expiry of my visa is 09/30/2017. So am I currently in status till 09/30/2017?

        - - - Updated - - -

        Originally posted by newacct View Post
        So you are now in the US? When were you admitted until on your new I-94 that you got on your most recent entry?

        Denial of Extension of Status is normal because you left the US, so no longer had any "status" to extend.
        Yes I am in the US. My I-94 when admitted is until my visa date 09/30/2017.
        So am I currently in status?

        Comment


        • #5
          Originally posted by AdityaS View Post
          The expiry of my visa is 09/30/2017. So am I currently in status till 09/30/2017?

          - - - Updated - - -



          Yes I am in the US. My I-94 when admitted is until my visa date 09/30/2017.
          So am I currently in status?
          Yes, you are fine till 09/30/2017.

          This is my opinion not legal advice.

          Comment

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