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

[varoonprasad]

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?

[varoonprasad]

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.

[jdwasden]

Denial basis?

did you find out why it was denied?

[lalat06bag]

H1B extension denied with i 140 approved

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

[publicelement]

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?