I94 expired and Received Denial of H1-ext on Dec 14, 2018. (Reason not known yet)

[Bhanu Sidda]

My i-94 expired on Ap-27-2018, and got RFE on Sep-01-2018. Submitted my RFE on Nov-30th, but i got my extension denied on Dec-14th, not received notice yet, but as per 240 day rule 22nd Dec 2018 would be my last day here.

i have my i-140 approved on Sep 5th 2018.

Could you please let me know the possibilities?

• is there any way to reapply petition on i-140 basis.
• if not When should i leave the country.

 

[ibrahim237]

Hi,

What year are you in your H1-B and how many months were you outside of US ? If the visa extension is not based on I-140, then you still have time to file a fresh LCA and re-apply. Plus if you were present anytime outside of US, then you can recapture the period.

LCA must not take more than a week. Even if your application reaches USCIS office on the day of I-94 expiry, you will still be good. 

Is your employer, location and end client same as before ? If yes, then you qualify for premium processing. 

All the best.