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H1 extension denied and I94 expired.. what are my options

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After 10+ years. my H1 extension got denied few days back and my I94 is also expired.  😞 So currently I am out of status.
I have approved I-140.  I am applying for COS to B2.

Question is :

(a) can my current employer start a new H1 while I am in US ? Might have to try a different role or location.
  Do I have to wait till B2 is filed ?

(b) can I check for any other employers who can do a H1 in US ?

Any other items I should watch for or scenario to think about ?


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Any employer can file for H1 for you, but it will be under consular processing. You can't use it till you travel and get a visa stamp.

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Tough luck. Sorry to hear that. Do you mind sharing why it was denied if you know ? Also, did you get a RFE before denial ?

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The employer can file an H-1B Petition requesting a Change of Status - it does not have to be for Consular Processing. However, the Change of Status request must honestly disclose the maintenance of status problem and request approval per the nunc pro tunc regulation to put you back into status. In this situation, it remains unclear whether USCIS will or will not grant such a request. And it will not stop the unlawful presence from running.


If you wish to consult with Murthy Law Firm you can find out more at https://www.murthy.com/consultations/.

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6 hours ago, workingvisa said:

SJ - are you in evc model? Did you get an rfe? Why was their reasoning?


8 hours ago, rivaldo said:

Tough luck. Sorry to hear that. Do you mind sharing why it was denied if you know ? Also, did you get a RFE before denial ?

Yes. I did get Rfe and denied for speciallity occupation. I am in evc model.

I am trying to do a cos to b2.

but can I still go ahead and look for other potential employers? I am out of status and do not have pay stubs.

will I have to wait till b2 is applied for?


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Even filing COS to B2 would be on weak grounds as you don’t have a status..hopefully there would be exemptions by CIS for waiving your unlawful presence due to inability to leave now..

If your I140 is from this same employer, then it will put your GC in precarious situation.. though it’s for future employment, the job should exist throughout the process and if the current employer cannot place you in that GC job role, then the existence of that position is questionable..

so better to join a new reputed employer and retain the PD and get all approvals by the time your PD becomes current..


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