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NanSam

H1B Extension - RFE - Denied

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Hello,

I have recently applied for a H1B extension, i got an RFE stating that project duration is not sufficient.  After which I got the project extension till Dec 2020 and responded to the RFE with the same details. Now my status is updated to Denied. I have a valid H1B visa / i-94 until January 10, 2020. I have couple of questions?

  1. Does denial means Intend to Revoke?
  2. Will i be able to stay/ work in the US until my i94 is expired?
  3. Will i be able to apply another extension through the same employer / same client?
  4. What are the next steps that i can do to continue to stay/ work here in the US?

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1. Both are different.

2. Yes, you can work till H1B validity date in current I797.

3. It all depends on why the application was denied. Mostly you can reapply with some changes. Talk to your attorney and employer and see what their plan is for this time. Some times changing attorneys is also better, if your previous one did not do a good job.

4. Good that your applied early and got a decision while your I94 is valid. See if you can find other employer to apply for an H1 Transfer. 

 

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1. Denial is from USCIS after processing your case and they take decision saying they cannot approve your H1B request. Intend to Revoke is also from USCIS but this deals with already approved active H1B.

2. You can stay until end of I94 or 240 days which ever comes first. In order to work you need to have approved H1B petiton for the job, location. I may be wrong. Please consult others,

3. Yes you can do but now with different SOW dates and client letter dates and better documentation. But first know the reason for your denial. My friend re-applied same documentation he got approved. First time he got rejected.

4. Same employer re-apply taking steps for 3rd question or new employer new H1B application and get it approved.

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@User099 Thank you so much for replying back. I am yet to receive my denial notice hard copy. After analyzing that my employer is going to file a new H1B. I will keep you posted on how it goes.

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On 11/11/2019 at 3:40 PM, NanSam said:

@User099 Thank you so much for replying back. I am yet to receive my denial notice hard copy. After analyzing that my employer is going to file a new H1B. I will keep you posted on how it goes.

What was mentioned in the denial notice ?

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On 11/11/2019 at 2:29 PM, gopalakrishnach said:

1. Denial is from USCIS after processing your case and they take decision saying they cannot approve your H1B request. Intend to Revoke is also from USCIS but this deals with already approved active H1B.

2. You can stay until end of I94 or 240 days which ever comes first. In order to work you need to have approved H1B petiton for the job, location. I may be wrong. Please consult others,

3. Yes you can do but now with different SOW dates and client letter dates and better documentation. But first know the reason for your denial. My friend re-applied same documentation he got approved. First time he got rejected.

4. Same employer re-apply taking steps for 3rd question or new employer new H1B application and get it approved.

@gopalakrishnach Thank you so much for replying. I will keep you posted on how my H1B refiling goes.

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