H1b Extension Denied

[h1girl1947]

Hi. 

I recently filed my h1b extension and it got denied on speciality occupation grounds. I have bachelors degree in Electronics and Communications Engineering and 12 years of experience in IT. this is my first h1b extension petition after my i 140 grot approved.

What are the possible options for me to take further steps.

1. Can i file change of status to H4 on my spouse's h1b being in us by submitting form i539?

2. do i need to travel abroad to canada or uk or mexico to get H4 stamped and come back and then file H4 EAD. In the denial Notice , it says to appeal on denial with additional evidence before 33 days. Do i need to submit appeal first and then go for h4 stamping? In this case while my appeal is in progress, do they give H4 approval to me?

3. Or Do i need to first get H4 stamped by travelling to any abroad country and then come and appeal on denial?

4. When i apply for Appeal, for how long can i stay lawfull in US? 

5. Can i apply for new H1B amendment if i have new job or new contract in hand with same or different employer ? If i do this, how long can i stay in US ? 

 

Appreciate if you suggest what are the possible options in this scenario. When i will go out of status?

 

 

[Ash234]

What documents were submitted by your attorney?

did you submit evaluations and expert opinion letter ?

[BLUE_S]

Hello,

Sorry to hear about your extension denial. If your H1B/I-94 is still valid, I think you are still eligible for the 60 day rule and see if you can find someone that can sponsor a H1B and apply again. Or convert to H4 and find an employer who will sponsor H1B and apply again.

My renewal is coming up shortly and I too have a degree in ECE. Did you get a RFE before the denial? If yes, can you please share the RFE details and how you have responded to the RFE?

Thanks and good luck.

[Surfer123]

Sorry about the denial. I believe u do have get a 60 day grace period and also change of status to H4 shouldn't be a problem. But I sincerely suggest talking to an immigration attorney - you can find many good ones on websites like Avvo, many of whom do free phone and/or personal consultations. You could also talk to someone at Murthy firm but I believe they have some consultation fee. With personal experience I can tell you that talking to a good immigration attorney, even if it is a paid one will be ideal - it always made me feel assured and clear when in doubt or had any pressing issues (there were several in past 10 years of my F1/H1B journey)

Between, if u don't mind, can u share if your employer is a consulting firm (including firms like infosys, tcs etc..) or a US based firm AND also your job title? Thanks and good luck

[h1girl1947]

Hi All

my employer's attorney responded to the details project description with time frames division and Expert Opinion Letter from third party but still got denied. I spoke with couple of attorneys including Murthy law. Murthy law Attorney says that i can apply for change of status being US as my current i94 is still valid . 

I am worrying about the case where , what if i don't receive receipt now if I file my change of status to H4 before i94 expires. Am i still eligible to stay in US on legal status because USCIS received my application package eventhough i dint receive receipt no before my i94 expires. Can i wait for decision on my change of status 

[Bhajagovindam]

Sorry to hear.

Are you working in Full-time employment or a consulting job?

 

Good Luck

[gurpreet2203]

On 1/7/2018 at 7:15 PM, h1girl1947 said:

Hi All

my employer's attorney responded to the details project description with time frames division and Expert Opinion Letter from third party but still got denied. I spoke with couple of attorneys including Murthy law. Murthy law Attorney says that i can apply for change of status being US as my current i94 is still valid . 

I am worrying about the case where , what if i don't receive receipt now if I file my change of status to H4 before i94 expires. Am i still eligible to stay in US on legal status because USCIS received my application package eventhough i dint receive receipt no before my i94 expires. Can i wait for decision on my change of status 

Would you mind sharing your experience after this please? That can help a lot of other people like me.