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usarabnamarirs

H1 B extn denied - what next?

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Hello lawyers, I came inside united states on 21Jan2013 on a H1-B visa.

I was in H1-B with the same employer until 20May2018.

My extension was filed with USCIS on 03Feb2018, RFE was issued on a extension request on 13Apr2018 for speciality occupation and finally the extension was denied on 07Jun2018.

My employer has asked me to move out of the country within 28Jun2018. 

Now this being said, what are my options of coming back ?

1. Can I claim the recapture H1 period and apply for H1 Out of Cap extension ?

2. Can the H1 Out of Cap be initiated from Outside of United States ?

3. Is there a cooling period for me to apply H1 Out of Cap (or) Can I apply H1 as soon as I go outside of the country ?

Please advice.

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21 hours ago, usarabnamarirs said:

Hello lawyers, I came inside united states on 21Jan2013 on a H1-B visa.

I was in H1-B with the same employer until 20May2018.

My extension was filed with USCIS on 03Feb2018, RFE was issued on a extension request on 13Apr2018 for speciality occupation and finally the extension was denied on 07Jun2018.

My employer has asked me to move out of the country within 28Jun2018. 

Now this being said, what are my options of coming back ?

1. Can I claim the recapture H1 period and apply for H1 Out of Cap extension ?

2. Can the H1 Out of Cap be initiated from Outside of United States ?

3. Is there a cooling period for me to apply H1 Out of Cap (or) Can I apply H1 as soon as I go outside of the country ?

Please advice.

1) Yes you can

2) Yes you can apply H1b out of cap from out of USA

3) No there is no cooling period

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20 hours ago, vinodhts said:

If you apply before you exit , you can claim Out of Cap .

Please get you fact checked before posting 

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