H1b Extension denied....Pls Help ASAP

[vijay_tth]

Hello,

Here is the case.

In the 6 years of H1b Clock, Only 4.5 years are used and applied for second extension, got the application reciept from USCIS. GC is not filed. USCIS asked for RFE and was submitted. Now, the Online status of H1B Extension is "denied".And the Reason for denial is not known.Till today employer didn't get any mails from USCIS.And the petition is getting expired in 2 days.

Here are the questions.

1. What is the time duration available to leave the country? Does the remaining 1.5 years of H1B get burst or it will be reset if stayed outside US for one year?

2. How to re-enter US? is it possible to re-enter US on new L1/H1 Visa? If on L1 Visa, does it needs to stay outside US for a year? or when the employer can process?

3. If re-enter on L1 visa, how long one can stay here in US? Does the new L1 visa valid for fresh 5-7 years or the H1 stay of 4.5 years is also included in it?

4. If on H1 visa, does it come again under the 65000 cap? And, can the employer apply for H1b visa for this year (Oct 2009) itself? Or wait till Oct 2010? And the one year stay outside US means,, To apply for new H1B? or get the H1b this year and enter the US next year also works?

5. Does this denial of visa creates any issue in future for processing H1B/L1 or Green Card?

Pls help me out.

Thanks
Vijay

[txh1b]

Read the FAQs and post again if any of the questions remain unanswered. Link below.

[kabkaba]

Hello,

Here is the case.

In the 6 years of H1b Clock, Only 4.5 years are used and applied for second extension, got the application reciept from USCIS. GC is not filed. USCIS asked for RFE and was submitted. Now, the Online status of H1B Extension is "denied".And the Reason for denial is not known.Till today employer didn't get any mails from USCIS.And the petition is getting expired in 2 days.

Here are the questions.

1. What is the time duration available to leave the country? Does the remaining 1.5 years of H1B get burst or it will be reset if stayed outside US for one year?
Till your latest I-94 date. H1 clock will reset if you remain outside for 1 year, but you will also be subject to cap.
2. How to re-enter US? is it possible to re-enter US on new L1/H1 Visa? If on L1 Visa, does it needs to stay outside US for a year? or when the employer can process?

Depends on if you have a legitimate job and legitimate employer who sponsors that visa.

3. If re-enter on L1 visa, how long one can stay here in US? Does the new L1 visa valid for fresh 5-7 years or the H1 stay of 4.5 years is also included in it?

4. If on H1 visa, does it come again under the 65000 cap? And, can the employer apply for H1b visa for this year (Oct 2009) itself? Or wait till Oct 2010? And the one year stay outside US means,, To apply for new H1B? or get the H1b this year and enter the US next year also works?

5. Does this denial of visa creates any issue in future for processing H1B/L1 or Green Card?

Pls help me out.

Thanks
Vijay

Some answers above.