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H1 Extension denial refiling

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  • H1 Extension denial refiling

    I had cap exempted H1 B for one year. I applied for extension on Jun 2. my H1B and I-94 expired on Aug 11. I can work for 240 days or till extension denied.

    I see lot of denial cases and I am worried. please advice:
    1. If extension is denied before Oct 1, can I refile H1 b in cap?
    2. my spouse is in H1b. can I apply for h4?
    3. How long I can stay, if I cannot refile?.
    4. if extension denied, will I have any impact applying H4 from out of US?
    5. can I apply for H1B in Cap before Oct 1, even if hiB extension approval doesnot come before Oct 1 ?.

  • #2
    I had cap exempted H1 B for one year. I applied for extension on Jun 2. my H1B and I-94 expired on Aug 11. I can work for 240 days or till extension denied.

    I see lot of denial cases and I am worried. please advice:
    1. If extension is denied before Oct 1, can I refile H1 b in cap?

    ---- NO, you cannot refile H1B. However, you file for a MTR and appeal your case if you so wish to

    2. my spouse is in H1b. can I apply for h4?

    ---- Yes, extension of your H1 is denied you can apply for a COS from H1 to H4

    3. How long I can stay, if I cannot refile?.

    ---- Unfortunately, you have to leave the US immediately, if you co not hae any other visa stamped on your Passport

    4. if extension denied, will I have any impact applying H4 from out of US?

    ---- NO. You can always apply for H4 either by doing a COS from H1 to H4 or applying for a vH4 visa outside the US

    5. can I apply for H1B in Cap before Oct 1, even if hiB extension approval doesnot come before Oct 1

    ---- You are already cap counted for H1. If you want to expedite the decision then speak to your employer to file for premium processing and you should receive a decision within 2 weeks (of course taking into consideration the OCt. 1 is just around the corner

    Subramanya

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    • #3
      1. If extension is denied before Oct 1, can I refile H1 b in cap?
      >>> You will need to leave the country immediately. You can file new H1B through different employer if you want. When the new H1B gets approved, you can go for stamping and return back.

      2. my spouse is in H1b. can I apply for h4?
      >>> COS to H4 is not possible when your I-94 has already expired. You will have to leave the country, get the H4 stamped and return back.

      3. How long I can stay, if I cannot refile?.
      >>> You have to leave immediately if the extension is rejected. Any time spent in U.S after the I-94 expiry date will be considered illegal.

      4. if extension denied, will I have any impact applying H4 from out of US?
      >>> That depends on the illegal stay that you have accumulated. Most probably you will get the H4.

      5. can I apply for H1B in Cap before Oct 1, even if hiB extension approval doesnot come before Oct 1 ?.
      >>> Yes.
      Not a legal advice. Use of this information is strictly at your own risk.

      Comment


      • #4
        Thank you for your advice.
        I appreciate your kind help .

        Comment

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