H1B extension denied!

[nj29]

Hi,

My current I-94 expired on march 10,2014 but I already filed for extension in December 2013. Received an RFE on March 5, 2014 and my office attorney replied to it on May 16, 2014.

Just checked now the status of my case on USCIS site and they are saying they have sent a notice of Denial for my case. :-(

My office hasn't received the denial notice yet so they are saying to wait till they receive the denial notice and the reason for denial. And then they will discuss with me the next steps/options.

But just wanted to know what are my options now? I know I have to go back to my home country ASAP but how is there a way I can stay here?

Can my employer file a new extension?

OR Can my employer file a new H1?

If yes for any of above 2 questions, do I still have to go back to my home country?

Please help.

[jairichi]

Hi,

My current I-94 expired on march 10,2014 but I already filed for extension in December 2013. Received an RFE on March 5, 2014 and my office attorney replied to it on May 16, 2014.

Just checked now the status of my case on USCIS site and they are saying they have sent a notice of Denial for my case. :-(

My office hasn't received the denial notice yet so they are saying to wait till they receive the denial notice and the reason for denial. And then they will discuss with me the next steps/options.

But just wanted to know what are my options now? I know I have to go back to my home country ASAP but how is there a way I can stay here?

Can my employer file a new extension?

OR Can my employer file a new H1?

If yes for any of above 2 questions, do I still have to go back to my home country?

Please help.

Reason for RFE and denial?

If issue is with you or your employer then extension will be denied.

Yes, absolutely you have to go back to home country and enter only when H1B petition is approved.

[nj29]

Reason for RFE and denial?

If issue is with you or your employer then extension will be denied.

Yes, absolutely you have to go back to home country and enter only when H1B petition is approved.

My employer has not received the denial notice yet so they dont know the reason for denial.

 

So is it advisable to go for a new H1 with the same employer or not? Finding a new employer right now who can sponsor my new H1 will be difficult. :(

[jairichi]

My employer has not received the denial notice yet so they dont know the reason for denial.

 

So is it advisable to go for a new H1 with the same employer or not? Finding a new employer right now who can sponsor my new H1 will be difficult. :(

What was RFE about? I am kind of sure that USCIS was not happy with the response. As I said earlier if reason for denial is you or your employer then chances of approval is slim or simply does not exist.

[p3appl]

I have a similar issue and question.

 

Had H1B with Company A, then applied for transfer and joined company B  on 15 Jan 2014 after getting receipt. Received RFE on 2 Apr 2014 about Specialty Occupation and LCA identifying correct occupation. Responded on May 15 2014 with supporting documents. Applied for PP on May 28th. On June 2, saw on the site that its a denial decision. Attorney is yet to receive documents explaining why it was denied. 

 

Questions

1) Am I out of status from June 2 or from the date when documents are received?

2) Should I leave the country? I have a valid I-94 and visa stamp till Oct 2015. My attorney says depending on the reasons for denial we may be able to refile for H1B with PP and revert the status in 30 days. But I am worried that I am accruing unlawful stay. 

 

Really appreciate any help/advice in this matter. 

 

@nj29 did you receive the reasons for denial yet?

 

[jairichi]

I have a similar issue and question.

 

Had H1B with Company A, then applied for transfer and joined company B  on 15 Jan 2014 after getting receipt. Received RFE on 2 Apr 2014 about Specialty Occupation and LCA identifying correct occupation. Responded on May 15 2014 with supporting documents. Applied for PP on May 28th. On June 2, saw on the site that its a denial decision. Attorney is yet to receive documents explaining why it was denied. 

 

Questions

1) Am I out of status from June 2 or from the date when documents are received?

2) Should I leave the country? I have a valid I-94 and visa stamp till Oct 2015. My attorney says depending on the reasons for denial we may be able to refile for H1B with PP and revert the status in 30 days. But I am worried that I am accruing unlawful stay. 

 

Really appreciate any help/advice in this matter. 

 

@nj29 did you receive the reasons for denial yet?

1. From the date a denial decision is made.

2. Since you have joined company B the existing I94 is irrelevant as company A would have revoked your H1B petition. You need to exit US.

[KUMAR GOLLA]

p3appl,

 

If your existing H1 from company A is not revoked you can still continue to work with company A and your status will be legal.

[p3appl]

Hi All, 

 

Update: After the above 1st petition got denied, I applied for a fresh 2nd petition. It got approved, but extension of stay was denied, saying that my 1st petition was applied 3 days after quitting my last job and that the 2nd petition was applied 5 months after that lapse in status. 

 

I am leaving immediately for visa stamping at home. 

 

My question: Will these 5 months be a problem when going for stamping? Does it also count as unlawful presence? We got the notification about the 3 days lapse only yesterday, so shouldn't that mean my unlawful presence starts now? My I-94 is valid till September 2015.

[jairichi]

Hi All, 

 

Update: After the above 1st petition got denied, I applied for a fresh 2nd petition. It got approved, but extension of stay was denied, saying that my 1st petition was applied 3 days after quitting my last job and that the 2nd petition was applied 5 months after that lapse in status. 

 

I am leaving immediately for visa stamping at home. 

 

My question: Will these 5 months be a problem when going for stamping? Does it also count as unlawful presence? We got the notification about the 3 days lapse only yesterday, so shouldn't that mean my unlawful presence starts now? My I-94 is valid till September 2015.

You are fine.