I-129 petition has been denied

[Manoshe123]

Hello

My I-129 petition has been denied, what are my options?

1. Can my employer file for an appeal
2. if the appeal is filed Can I stay in US waiting for the response ?
3. Do I have an option to  stay in the country legally before I dispose my stuff?
4. Can I apply for a B1 visa to stay for another month to take care of the exit

a response is much appreciated

regards

Manoj

 

[Nani_H1b]

Hi Manoj,

Sorry to hear about your denial. Answer to your questions are in the same point wise you asked.

1.) Yes, your employer can file new petition.

 

2.) If your previous I797 I94 is still valid you can stay in US and you have to file new petition before end date . If your I94 has expired then you have to go back to India and apply from their as counselor  process.

3.) It depends on your I94 end date and the day you receive denial notice. If your I94 has expired you can't stay for long duration it will hard for you to come back. No one can say you can stay these many days. Make sure you don't exceed 180 days.

4.) On B1 visa check with your attorney. I think it is not possible.

  

 

[srini005]

If you petition is really strong you can go for appeal other wise go for motion to reopen or reconsideration.

It all depends on a case, Check with your attorney and he might guide you on way which option would be fit for your case.

Before going to attorney have some idea about what about Motions and appeal it will give a more clarity to talk.