H1B extension denied.....Can I apply for a fresh H1B in the 2011 quota?

[mlpathir]

Just now got an update that my H1B got denied.

As 2011 quota is still available, can I stay in US and apply for a fresh H1B immediately from another company?

[kabkaba]

Cap does not matter to you since you are already cap counted. Any company can file the petition for you anytime with immediate start date.
But your extension of status can only be granted if your current I-94 is valid and if you are maintaining status by working according to your current employer's petition.

[shervin143]

If your current I-94 has already expired, then you should leave the country immediately. Otherwise you will be accumulating illegal stay from the date of the I-94 expiry and that will create a lot of issues in the future. Also, a transfer or change of status within U.S is not possible with an expired I-94.

Just now got an update that my H1B got denied.

As 2011 quota is still available, can I stay in US and apply for a fresh H1B immediately from another company?

[mlpathir]

my I94 is already expired so i may be leaving to India immediately.

So, still someone can apply for my H1b with immediate start date?

[txh1b]

New petition can be applied with immediate start date however will not be an extension of stay but a CP as your I-94 expired.