H1B denial after I-94 expiry

[Hema Reddy]

Hi all,

I need an urgent help from you. My current H1-B and I-94 got expired on Sep 06 2017. However, as my employer has filed my H1B extension in July 2017, I continued to work in USA. Now, I got RFE on Level 1 labor.

Though I am getting $96000 per year, my employer has filed my extension as "Programmer Analyst" (Computer Programmer) with a salary of $60000 for New York. 

1. What is the chance of approvalfor my extension?

2. If my extension is denied, will I accrue Unlawful presence starting from Sep 06 2017? Or, will it be from the date of denial?
3. My husband is on H1 as well. In case my extension is denied and if I leave USA immdeiately (same day or next day), will I be able to go for H4 stamping in India and come back on H4?
4. Will my unlawful presence in USA has amy impact on my H4 stamping?

 

Please help. Thank you.

 

[pontevecchio]

1. ?

2. Date of denial

3. yes, even if you leave in a few days.

4. No

[Hema Reddy]

Thank you for your reply pontevecchio.

My extension is not denied yet. My employer has responded to RFE and I am waiting for USCIS decision. Not very opmistic as my LCA is filed with $60000 per year.

Now, I want to decide whether I should wait till the decision or leave immediately.

 

Thank you,

Swapna

[pontevecchio]

? meant Nobody knows. You should wait for the result first.

[avlesk]

21 hours ago, Hema Reddy said:

Thank you for your reply pontevecchio.

My extension is not denied yet. My employer has responded to RFE and I am waiting for USCIS decision. Not very opmistic as my LCA is filed with $60000 per year.

Now, I want to decide whether I should wait till the decision or leave immediately.

 

Thank you,

Swapna

Can your employer not file an amendment petition reflecting the actual salary that you are receiving? The difference is large and does not explain why he/she would have filed an extension petition with an incorrect salary.