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H1 extension denied-I140 approved-I94 expired-8years in h1

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  • H1 extension denied-I140 approved-I94 expired-8years in h1

    Hi,

    My H1b extension was denied today and the denial reason is yet to be received.
    - I have spent the 6 year H1b cap. Currently in 9th year.
    - My I-94 expired on July 22, 2017.
    - I have an approved I-140 as of Jan 2016.
    - I had previously received 1 year H1b extension with my approved I-140.

    Please can someone clarify the below questions for me
    - Can I stay in USA and try MTR (Motion to reconsider)? Have anyone got their case approved through MTR?
    - Since I have an approved I-140, am I eligible for a fresh H1 on cap-exempt quota? If so, I need to go for consular interview right?
    - Otherwise can another employer apply a fresh H1 based on my I140 approval? Is so, and if the new employer applies a premium petition, should I still leave USA?

  • #2
    I had a call with a ******.com attorney and found that I am indeed eligible for H1 cap-exempt since my I140 is approved. I will keep updating my status to this thread. It may be helpful to somebody.

    Comment


    • #3
      Denial basis?

      did you find out why it was denied?

      Comment


      • #4
        H1B extension denied with i 140 approved

        What happened to your case? Did you file in cap exempt?

        Comment


        • #5
          Originally posted by varoonprasad View Post
          Hi,

          My H1b extension was denied today and the denial reason is yet to be received.
          - I have spent the 6 year H1b cap. Currently in 9th year.
          - My I-94 expired on July 22, 2017.
          - I have an approved I-140 as of Jan 2016.
          - I had previously received 1 year H1b extension with my approved I-140.

          Please can someone clarify the below questions for me
          - Can I stay in USA and try MTR (Motion to reconsider)? Have anyone got their case approved through MTR?
          - Since I have an approved I-140, am I eligible for a fresh H1 on cap-exempt quota? If so, I need to go for consular interview right?
          - Otherwise can another employer apply a fresh H1 based on my I140 approval? Is so, and if the new employer applies a premium petition, should I still leave USA?
          Hi Varoon,
          Can you please update with you status?

          Comment

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