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Abhinav Raj

H1B Cap Exempt visa after RFE denial

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Is it possible to refile H1B visa if the RFE is denied? One of my friend got H1B visa picked in lottery this year but he got RFE for the same. Upon submitting the response to RFE, his RFE got denied few days back. What are his options now?


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If no underlying immigration status like f4 , f1 etc, then he is out of status and leave usa asap. Otherwise, he or she is allowed to stay or change to a different status to until the max allowed validity of i94 including any grace periods.


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That H1 is gone. There is nothing to refile. The quota is closed.
An employer can file a new H1 for him in next year's quota. He should look for a better employer.


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