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H1 Extension Denied after 6 years and I-140 Approved!

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  • H1 Extension Denied after 6 years and I-140 Approved!

    Hi All,

    This is sad day of my life. My H1 extension has been denied today, 11/23/2011 while I have I-140 approved on 4/23/2011. I work for big Indian consulting company for a client which is one of the biggest Bank in World. After filing Visa, I got RFE asking updated Manager's letter. I provided this and then after a month I got Notice of Intent to Deny (NOID) asking for more description of Project and Role. I gave very detailed role and Project description along with updated Manager's letter within a week but no luck. My project's end date on Manager's letter is mentioned as 12/31/2011 which after a month.
    It finally ended into denial. As of now, I am not sure what can be the reason of denial as denial petition will come a week or two.
    I am very frustrated and confused what to do! Please provide me some guidance on my following question.

    1) Can I appeal against this decision of USCIS and stay in US? If yes, then how can I do?
    2) If I can't appeal then do I need to leave US asap? How long I can stay more?My I-94 has already expired on 09/30/2011.
    3) If I have to leave US, can I come back again on H1? If yes, do I need to wait for next year October-2012 to get H1 or I can get H1 asap?
    4) If I go back to India and work from offshore with same employer, would my GC process be affected?
    5) If my company processes L1 instead of H1 would my GC process be affected?


  • #2
    Sorry to hear that but it will not effect your GC process. You can go offshore and stay there for one year and can come back on new H1 or L1. BTW if you see the +ive side then it is giving you an opportunity to live in India after 6 years and decide whether really US is worth to settle because otherwise with GC process you will be hanging around US until your priority date become current, then you get GC and then you have to wait until 5 years to get citizenship to get that flexibility.

    I know, it is tough on you but thats what is my thoughts -- It is better to evaluate at this stage of life and then decide to move in US rather than regretting all you life why you didn't moved to India in time.

    BTW, I don't have idea about how you can appeal a denial, many be others can pitch in and suggest you something.