Mixed Insurance Banners Health Insurance for Visitors to USA

Announcement

Collapse
No announcement yet.

H1B Extension Denied-Please advice

Collapse
X
 
  • Filter
  • Time
  • Show
Clear All
new posts

  • H1B Extension Denied-Please advice

    My employer filed for an extension of my H1 in Feb. An RFE was received to which relevant information was sent. However the extension has been denied with 3 weeks to initiate an appeal. The original H1 term ended on Mar 27, but the notice of denial was received last Wednesday (Apr 29), with a 3 week time to appeal.

    1. Can i apply through another employer for a new H1? Any idea what my current status would be?
    2. Is an appeal worthy? If so how long could it take? (Rejection was based on the absence of a project plan from the client company!!)
    3. My spouse is on H1, so can i submit a COS to H4 and then initiate a whole new H1 application through the same company?
    4. To change to H4, is re-entering from India the safest/best way? Or are there alternatives?
    5. Finally, can i apply for a short term course that will provide an I20, so as to be in status?

    Any advice or past experience relevant to this scenario is very much appreciated.

    Thanks.

  • #2
    As you are not currently considered to be in status, no other status changes are possible with-in the US.

    Discuss the what-ifs with the attorney on your case. If you want to be on H4, best bet is to travel, get a H4 visa stamp and return on it.

    I am not a lawyer and you need to consult with one to validate any info posted on the forum and discuss your case specifics. H1b Question? Read the FAQ first.

    Comment


    • #3
      Thanks for your reply. I have a follow-up question:
      Is it advisable to try to re-enter from one of the consulates in Canada? (My I94 expired in March, but the denial notice was received only last week with a May 20 deadline to respond.)

      Comment


      • #4
        I have decided to re-enter from Chennai. I have the following questions regarding DS156. If anyone can share their opinion, i will appreciate it.

        1. I am applying for H4 as a dependent of my spouse. I have a GC in process which has cleared I140. DS156 asks if an immigrant application has been filed. Will answering yes affect the decision making process?
        2. Another question asks if any visa issuance was ever denied. Does this include only the interviews for visa stampings or all visa applications including application of H1 extension(which was denied)?

        Thanks so much.

        Comment


        • #5
          1. H visa allows dual intent.
          2. It is visa from an interview.

          I am not a lawyer and you need to consult with one to validate any info posted on the forum and discuss your case specifics. H1b Question? Read the FAQ first.

          Comment


          • #6
            Thank you very much. You have been very helpful and prompt with your replies. I really appreciate that.

            Comment

            {{modal[0].title}}

            X

            {{modal[0].content}}

            {{promo.content}}

            Working...
            X