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Anil K Kulkarni

H1B1 extension denied

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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?

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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.

 

 

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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.

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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?

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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. 

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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?

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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)..

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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.

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