H1B Extension Denied

[hitesht]

I am stuck in a unique situation where I will need your guidance.

 

Let me explain my scenario here:

1. My H1B extension was filled: They send me 2 RFE and then denial. (i got on 3 Nov 2017 so, I don't know reason yet) Came to US on Feb 2014.
2. After 2 RFE my employer helped to move to Premium and I got a denial on 3rd Nov.

My wife is studying at the University for Masters (on H4) and her 1st term exam is scheduled on 1st Week of December until 7th December.

 

1. I am really worried that if my employer will ask me to leave before that. So, I need to know till what time I am eligible to stay in US.
2. Is there any way that we can request USCIS for this reason that let her complete 1st Term and for a 2nd term I will get her F1 raised after visiting in India.  (her course is until April 2018 but I did not estimate such risk that this will happen as my H1B 6years gets completed in April 2020)
3. Also, Post denial reason, I will schedule the appointment to know if we can do anything to appeal and get it cleared.

Appreciate your quick response to help me to understand on above queries.

[kiran436]

Now a days USCIS scrutinizing more. Am also in the same boat. My H1 transfer too denied. My employer is refiling a new petition under premium processing. When is your I-94 expiry date? You should stop working after receiving denial notice. What is the reason for the denial?

[hitesht]

My I-94 is expired. But I have not yet received denial reason. (waiting for that). 

I saw on the online portal on 3-Nov 2017 where they have mentioned that I will get the reason by 18 Nov 2017.  

How much time I will get to stay. Like I said my wife exam will be completed by 7 Dec 2017.

[hitesht]

I  got the denial in extension and I have 2.5 years left. (i got on 3rd November, waiting for reason yet)

Can I find the new employer and get transfer now? Also by when I have to find the new employer. So I need to travel India and from there I have to file new H1B or the same employer can do?

Will my case again be considered as new or it will be same old? I am confused. Please help to provide the answer.

[hitesht]

I have not got any notice of denial (reason) yet. I can see status:

"On November 3, 2017, we denied your Form I-129, Petition for a Nonimmigrant Worker, Receipt Number WACXXXXXXXX. We mailed you a decision notice that explains why we denied your case and your options. Please follow the instructions in the notice. If you do not receive your denial notice by November 18, 2017, please go to www.uscis.gov/e-request to request a copy of the notice. If you move, go to www.uscis.gov/addresschange to give us your new mailing address."

What should I do?

My I-94 is expired in August 2017.

 

 

[Neda]

10 hours ago, hitesht said:

I have not got any notice of denial (reason) yet. I can see status:

"On November 3, 2017, we denied your Form I-129, Petition for a Nonimmigrant Worker, Receipt Number WACXXXXXXXX. We mailed you a decision notice that explains why we denied your case and your options. Please follow the instructions in the notice. If you do not receive your denial notice by November 18, 2017, please go to www.uscis.gov/e-request to request a copy of the notice. If you move, go to www.uscis.gov/addresschange to give us your new mailing address."

What should I do?

My I-94 is expired in August 2017.

 

 

Is your employer a desi consulting firm? 

Since your I94 is already expired I believe you need to leave US. Contact an attorney.

[hitesht]

But what is the actual law? How much time am I allowed to stay?

Is it 30days? If yes, then that 30days are from the day I get notice reason in hand or from 3rd Nov ( the day it shows denial)?

My employer is desi but the multinational company? I will contact them on 18th Nov as it's mentioned by 18th Nov if I do not get then there is a process of eRequest.

 

 

[kiran436]

You should have got the hard copy of denial notice by this time. If you are working Desi multinational company they wouldn't share the denial reason to you and ask you to depart the US as quickly as possible. Since your I-94 expired and H1B denied, you are out of status. You can file a new H1 through consular process and get Visa stamped by leaving the country to re-enter US again. Am not sure on 30 days rule but you are out of status from the day you got denial notice hard copy.  Where did you get this 30 days rule? Is it on USCIS site?

[Neda]

12 hours ago, hitesht said:

But what is the actual law? How much time am I allowed to stay?

Is it 30days? If yes, then that 30days are from the day I get notice reason in hand or from 3rd Nov ( the day it shows denial)?

My employer is desi but the multinational company? I will contact them on 18th Nov as it's mentioned by 18th Nov if I do not get then there is a process of eRequest.

 

 

I don't think there is any 30 days rule, since your i94 is already expired I think its better if you leave US asap and enter with new H1.

[Nujn]

We are in the same situation. Employer hasn’t received the denial notice as they should have by Nov 18. 

[shrikantvc]

On 11/20/2017 at 0:42 PM, Nujn said:

We are in the same situation. Employer hasn’t received the denial notice as they should have by Nov 18. 

I am also in same situation. I got denial update on March 7. As per update in USCIS site, i need to ask for e-request by march 22. So, i request for it on March 23. as per e-request timeline, i will get update by April 14, 2018.

What did you receive first Hard Copy or Soft Copy?

[ekta]

How much time did you get to receive the notice? Its been 16 days since I am waiting for the notice after denial, is it normal?