H1B Extension denied & I94 Expired. Can my employer again file H1B extension with Premium processing?

[Dhana29]

My H1B Extension denied on 10/30/2018

I-94 Expired on 09/15/2018

I haven't received my denial notice yet. I just checkin what are the possibilities are available for me.

 

Can my employer again file H1B extension? If yes, can they file in premium processing?

Can my employer file New H1B(consular process) in premium processing for a different position?

Can my employer file New H1B(consular process) in premium processing for the same position?

If I am eligible for appeal. Can my employer appeal in premium processing?

 

Any other suggestion also welcome, please.

[adshah84]

You need to leave country ASAP. 

Your employer can file new CAP exempt petition for same position/different position but it can not file in premium. 

Your employer can appeal but there is no premium option for appeal.  

[GNirmal]

What's your latest status in USCIS case tracker website and by which means did you know that your case was Denied?

[sreesathya]

10 hours ago, adshah84 said:

You need to leave country ASAP. 

Your employer can file new CAP exempt petition for same position/different position but it can not file in premium. 

Your employer can appeal but there is no premium option for appeal.  

Sir/Madam,

Even in my case i face same issue. H4 denied(10/31/2018) and yet to receive notice. I94 expired on 4/18/2018. Can i apply H4 now in my spouse company. i can receive the receipt number before i receive the notice of denial. Is this valid? Please guide me.

[Dhana29]

Below status showing in USCIS website. But I haven't received my denial notice yet. 

 

we denied your Form I-129, Petition for a Nonimmigrant Worker, Receipt Number -------------. We mailed you a decision notice that explains why we denied your case and your options. Please follow the instructions in the notice.