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MagicJP

H1 Denied - What are my options now

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My H1 got denied. My i94 expired and my 240days are over. I am in US from 2012 and the one that got denied is the extension after 6years. I have valid i140. What are my options now? 

Do I have to leave the Country? 

Am I eligible for H1 cap exempt? Can H1 cap exempt be filed in premium?

Can H1 cap exempt be filed when I am in US?

Can I apply for H4 through my spouse without leaving the country?

 Is my GC application still valid as my H1 is denied and will I still hold the priority date?

 

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You should discuss your situation with a lawyer. You should leave and return with an H4 visa if your spouse is in valid H1 status.

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You are accruing illegal stay if you exceeded 240 days without a valid status. You can't apply for COS since your I-94 is already expired, so changing to H4 will have to happen after you leave the country.

GC is separate from H1B and remains valid with the priority date, if the job is still available. The I-140 can be used to apply for future cap-exempt H1B applications. All this is assuming illegal stay doesn't have an impact. Best to consult a good attorney.

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