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Hanumalla

H1B denied - I140 approved, my Attorney sent email to USCIS for supervisory review as denied reason is not valid

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I have approved I140 on 09/01/2019, H1B extension denied on 09/05/2019. My attorney sent supervisory review email to USCIS on 09/06/2019 saying H1B extension denied reason is not valid as per my qualification(MCA) &other job information  and requested to overturn denial, USCIS replied to email on 09/09/2019 saying give us 5-7 days to review denial decision.

couple questions:

1) I was planning to leave India by 09/13/2019 (within 10 days from denial decision date 09/05) but USCIS replied to email on 09/06/2019  saying allow us(USCIS) 5-7 days to review denial decision. so how days will be counted and by when should I leave US.

1) shall I work from India on US payroll, if I deported to India.

Appreciate your quick reply as its time sensitive 

 

Edited by Hanumalla

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1. This would not be deportation if you leave on your own. Secondly let your lawyer tell you what you should do.

2. You can work for the company from India if the company allows it.

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1. You typically have 10 days, but it can be anywhere between 10-30 days as there is no hard rule. There are things that are not in your control like kids schools, health reasons which could impact this number. You also have 30 days to appeal your denial.

2. I might sound crazy, but why do you want to work on US payroll and pay taxes when you have to work from India. Setup your own company and see if Onshore company can work with your new company. 

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