What if H1B extension got rejected?

[mlpathir]

Hi,

My H1B expired on Sep-27-2010.

On Sep-25-2010, I applied for my H1b transfer and extension under normal process and on Dec-6-2010 updated it to premium process. Now I got a RFE.

After responding to RFE, I may get a decision on my H1B extension.

Questions:
========

1) what if it got rejected, (a) Do I need to leave USA immediately?
(b) Can I apply for another H1B transfer and extension?
(c) Can I apply for a fresh H1B?

[shervin143]

1) what if it got rejected,

(a) Do I need to leave USA immediately?
>>> If your current I-94 has already expired, then you need to leave immediately. Any time spent in U.S after the I-94 expiry date will be treated as illegal stay is your H1B transfer end up getting rejected and that could cause issued on your future petitions, visa stamping & GC.

(b) Can I apply for another H1B transfer and extension?
>>> If your current I-94 has already expired, then you cannot. Transfer, COS or Extension need to be filed when your I-94 is valid or a corresponding petition is pending iwth USCIS (Read about Bridging). In your case, when the transfers gets rejected, you cannot file a new transfer or a COS to any other status since your I-94 would have expired long time ago.

(c) Can I apply for a fresh H1B?
>>> Yes. Leave the country immediately and apply for a fresh H1B. If that gets approved, go for stamping and return back.