Anil K Kulkarni Posted November 22, 2017 Report Share Posted November 22, 2017 I am working in USA 9th year. I have i-140 approved. My I-94 expired on Feb 15th 2017, H1B1 extension applied on Oct 28th 2016 and got RFE 2 times and finally H1B1 extension denied on Nov 21st 2017. did not got the hard copy yet. what are my options? should I get any grace period or no? if I get how much it would be as I have family and kids who goes to school. will I be in status if my employer or any other applies new h1 for me in premium processing? Link to comment
BLUE_S Posted November 22, 2017 Report Share Posted November 22, 2017 Sorry to hear about the rejection. My understanding is that you do not get any "grace" period. The 60 day grace period applies only if your I94 is still valid. Someone with more expertise can confirm.. Or better yet, consult an attorney ASAP. Can you please share what the RFE was about? The reason I ask is, last year they were not as hard on extensions as they are now.. Good luck. Link to comment
Santhu239 Posted November 22, 2017 Report Share Posted November 22, 2017 Hi Anil, I was exactly in the same boat as yours.the only option you have is move back to india and reporcess your H1 through a different employer under premium processing since you have I140 approved.technically you cannot stay in US even though a new employer files for your new H1 while you are still there. As of now you dont have valid I94, no Visa and your status is denied so you have no status.you will have 1 month to wrap up things there. and coming to denial notice it is taking longer time than expected but dont rely on that as it is not going to help you.Even if you file an MTR you cannot legally work and if MTR decision is again denied then the period you spent waiting is considered as out of status.better not take risk with your status.make use of advantages you have as quickly as possible. Link to comment
kiran436 Posted November 22, 2017 Report Share Posted November 22, 2017 Hi Santhu, I am also in same boat. From your above post, I see that 30 days period to wrap up the things. Did you check on this with your employer or attorney? Is this 30 day period starting from the day of hard copy of denial notice? Link to comment
Babu17 Posted November 22, 2017 Report Share Posted November 22, 2017 Hi Sorry to here about your denial's, can you guys please share why your H1-B was denied it might help us out. Link to comment
Bhajagovindam Posted November 22, 2017 Report Share Posted November 22, 2017 Hello Anil and others Do you guys know the reason for denial? Do you have a US Degree? Link to comment
Neda Posted November 22, 2017 Report Share Posted November 22, 2017 11 hours ago, Anil K Kulkarni said: I am working in USA 9th year. I have i-140 approved. My I-94 expired on Feb 15th 2017, H1B1 extension applied on Oct 28th 2016 and got RFE 2 times and finally H1B1 extension denied on Nov 21st 2017. did not got the hard copy yet. what are my options? should I get any grace period or no? if I get how much it would be as I have family and kids who goes to school. will I be in status if my employer or any other applies new h1 for me in premium processing? Yes, you can. Link to comment
Anil K Kulkarni Posted November 22, 2017 Author Report Share Posted November 22, 2017 not got the hard copy yet. RFE education and Reason for denial is 3year degree education with 20 years of real it experience. close to 10 years in usa. Link to comment
BLUE_S Posted November 23, 2017 Report Share Posted November 23, 2017 6 hours ago, Anil K Kulkarni said: not got the hard copy yet. RFE education and Reason for denial is 3year degree education with 20 years of real it experience. close to 10 years in usa. Wow, they did not consider your experience towards a 4 year degree? meaning 3 years of experience towards each year of your degree? Link to comment
BLUE_S Posted November 23, 2017 Report Share Posted November 23, 2017 18 hours ago, Santhu239 said: Hi Anil, I was exactly in the same boat as yours.the only option you have is move back to india and reporcess your H1 through a different employer under premium processing since you have I140 approved.technically you cannot stay in US even though a new employer files for your new H1 while you are still there. As of now you dont have valid I94, no Visa and your status is denied so you have no status.you will have 1 month to wrap up things there. and coming to denial notice it is taking longer time than expected but dont rely on that as it is not going to help you.Even if you file an MTR you cannot legally work and if MTR decision is again denied then the period you spent waiting is considered as out of status.better not take risk with your status.make use of advantages you have as quickly as possible. Where did you read/find the 1 month timeframe to wrap up? My understanding and has been confirmed by many is that, if your I-94 is expired, you are basically out of status and have to leave the country the day you receive the hard copy of the denial notice(unless you have something else going in parallel, like a H4 transfer or another H1b filing).. Link to comment
Santhu239 Posted November 27, 2017 Report Share Posted November 27, 2017 i did check with my attorney.. you will have 30 days period to wrap up things or apply for an MTR.But you cannot work during that period from the date of your denial.In my case i waited for 20 days to receive the denial notice since i havent received i wrapped up things in 2 days and left. Link to comment
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