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Can I stay legally and continue working in US by appealing my H1B extention denail?

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  • Can I stay legally and continue working in US by appealing my H1B extention denail?

    My H1B extension got denied on dec 12th, 2017 where my original h1 expired in Sep 13th, 2017(however above h1 Extension applied prior to this h1 expiry date)

    My Questions are :

    1. Can i continue working with the same employer by appealing the denial decision ?
    2. In Case Yes, My stay during this appeal period will be considered as legal?

    Note : Anyways i made my travel plans to leave the country in next couple of days (travelling with in 2 weeks of time from denial) and planning to come on H4 change of status. In case above options are there i want cancel my travel plans and continue to work and appeal the decision.


    Please help me as early as possible because i am in sad situation

    Thanks,

  • #2
    No, no. Come back on H-4 and find an employer (perhaps the same employer) to file a fresh petition then change your status back to H-1B. Appealing an extension denial sounds like a waste of time. The new petition should address the deficiencies in the extension application that was denied

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