H1 B extension denied - Please help

[amanahuja78]

Hello

Please please help and respond:

I got my H1-B extension denied yesterday. Now what options do I have considering the following:

My Wife has a valid H1B visa, So can I go on an H4 visa to maintain legal status in united states. How much time do I have to get this done and how it is done????

Can I apply for a fresh H1-B visa for 2009, if the cap has not reached and remain on H4 until I get that one.

Please please please help and respond!!!!!!
Thanks

Aman

[txh1b]

What is your current status and is your I-94 valid? If not, no COS is possible from inside the US. You can attend a H4 visa interview and get it stamped to return on H4.

[Subramanya]

Please please help and respond:

I got my H1-B extension denied yesterday. Now what options do I have considering the following:

My Wife has a valid H1B visa, So can I go on an H4 visa to maintain legal status in united states. How much time do I have to get this done and how it is done????

---- Get this done immediately without wasting time, otherwise you will accumulate illegal status

---- As per USCIS website on 5/4/09 H1B's are still available and they are inviting applications as the quota is not yet filled. You may wnat to try a new H1. Also consider a transfer if your previous H1 is still valid and you have some period left within 6 years

Subramanya

Can I apply for a fresh H1-B visa for 2009, if the cap has not reached and remain on H4 until I get that one.

Please please please help and respond!!!!!!
Thanks

Aman[/QUOTE]

[amanahuja78]

Thanks a lot for your reply txh1b:

My current H1B expired on 26th of april. I went to an immigration officer before it expired and asked him that I am waiting for my extension reply.
He told me that even if you get a denial notice you will have 30 days to leave the country.

So I guess I am not out of status until I receive the denial notice.

But are you sure I cannot apply for COS from within US? In that case I will have to go to India and get it stamped and then re-enter USA.

Thanks again

[Priya24]

Similar situation

Hi seniors,

We are almost in similar situation. My husband's 6 years are getting completed in may and we have applied for extension. We got query and we are replying to RFE. I am on H1. If his extension gets rejected i understand that COS is not possible since he will be out of status.

My questions are

I am 9 months preagnant and my due date is in june. So is there any other option to extend his stay atleast till the baby is born? or he has to leave immediately. Can we get some temperory stay period by explaining the situation without making his stay as illegal?

Can we appeal the decision? So that it buys us some time. I understand that he cannot work during appeal. If the decision of appeal is not in our favour then will his stay become illegal from the date of appeal?

And can he apply for fresh H1 this year since quota is not reached. His 6 years are getting completed this month.

Please seniors respond. We need your advice.

Thanks,
Priya

[txh1b]

Thanks a lot for your reply txh1b:

My current H1B expired on 26th of april. I went to an immigration officer before it expired and asked him that I am waiting for my extension reply.
He told me that even if you get a denial notice you will have 30 days to leave the country.

So I guess I am not out of status until I receive the denial notice.

But are you sure I cannot apply for COS from within US? In that case I will have to go to India and get it stamped and then re-enter USA.

Thanks again

What the officer said was perfectly right. You have 30 days to leave the country or they can start "deportation" proceedings. That DOES NOT in anyway mean that you are considered to be IN status.

[txh1b]

Hi seniors,

We are almost in similar situation. My husband's 6 years are getting completed in may and we have applied for extension. We got query and we are replying to RFE. I am on H1. If his extension gets rejected i understand that COS is not possible since he will be out of status.

My questions are

I am 9 months preagnant and my due date is in june. So is there any other option to extend his stay atleast till the baby is born? or he has to leave immediately. Can we get some temperory stay period by explaining the situation without making his stay as illegal?

Can we appeal the decision? So that it buys us some time. I understand that he cannot work during appeal. If the decision of appeal is not in our favour then will his stay become illegal from the date of appeal?

And can he apply for fresh H1 this year since quota is not reached. His 6 years are getting completed this month.

Please seniors respond. We need your advice.

Thanks,
Priya

If you are concerned about the extension, before his I-94 expires, apply for a COS to H4 based on your H1b. If H1b gets approved, withdraw the H4 petition if pending or travel and return on H1b again to void it. Remember, last action comes into picture. If H1b gets approved first and then H4, he has to stop working.

He can appeal but cannot work during appeal period. If appeal gets denied, it becomes overstay for the entire period resulting in a 3-10 yr ban.
He cannot get a new H1b unless he spends one year outside US.

[amanahuja78]

What the officer said was perfectly right. You have 30 days to leave the country or they can start "deportation" proceedings. That DOES NOT in anyway mean that you are considered to be IN status.

So I guess I am neither IN status nor OUT status and also since I have put email alerts on my case, I came to know about the denial yesterday night. I have not yet received the denial notice. Does that really make any difference.

Also I am now planning to go to India to get my H4 based on my wife's H1B. Do you think of anything I should be aware of in general.

Thanks a lot for your prompt replies and helping me out in knowing more facts to deal with the stressful situation.

Thanks again.

[Priya24]

If you are concerned about the extension, before his I-94 expires, apply for a COS to H4 based on your H1b. If H1b gets approved, withdraw the H4 petition if pending or travel and return on H1b again to void it. Remember, last action comes into picture. If H1b gets approved first and then H4, he has to stop working.

He can appeal but cannot work during appeal period. If appeal gets denied, it becomes overstay for the entire period resulting in a 3-10 yr ban.
He cannot get a new H1b unless he spends one year outside US.

Thank you for your prompt reply. One last question i remember that once you mentioned that H1 and H4 are decoupled. So if he stays on H4 for one year can he apply for H1 the next year or he should not be physically present in US to apply for new H1.

And is there no way to get any temporary extension atleast for 1 month till the baby is born without resulting in ban.

Thank you,
Priya

[txh1b]

Must be physically outside the US. The decoupling is for counting the 6 years. Earlier, H4 period would count towards the 6 year H status limit. It was decoupled later on to not count H4 towards the 6 year limit.

If one entered on H4 and was on that status for 2 years, if they convert to H1, they still get 6 years and not 4.

[txh1b]

So I guess I am neither IN status nor OUT status and also since I have put email alerts on my case, I came to know about the denial yesterday night. I have not yet received the denial notice. Does that really make any difference.

Also I am now planning to go to India to get my H4 based on my wife's H1B. Do you think of anything I should be aware of in general.

Thanks a lot for your prompt replies and helping me out in knowing more facts to deal with the stressful situation.

Thanks again.

You are definitely OUT of status, in fact illegal after the I-94 expires and extension gets denied. You should leave ASAP, mention the violation in your DS156 form, explain what happened to the VO during the interview.

If the violation was not over 180 days, the VO could grant a visa. If not a 3 yr ban applies for less than 365 days of over stay and 10 year for more than that.