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Ana_sad

H1b Denied today! What are my options?

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Hello friends - Need some urgent advice and help!

Background about me - In USA for about 13 years. First on F1 visa as a masters student and then on H1B for past 11+ years. Working in Banking and Technology as an Advanced Business Analyst. I- 140 approved with Priority date of Sept 2011.

Current Situation - I am a consultant and work directly with Prime vendor for a bank. My H1B visa expired on 12/1/2019 and my employer filed for an extension in regular processing on 11/1/2019.

I upgraded the petition to Premium in Feb 2020 and an RFE was issued in March 2020 around client letter and specialty occupation.

My employer responded to the RFE recently and today I received the H1B denial update on the USCIS website.

I am lost and unsure of what to do next and what are my options. My employer is suggesting to refile.

 

Questions:

1) Can my employer refile for a new H1B petition and I can continue to work on my current Project? 

2) Do I have to leave the country based on the timeline and dates? If so how much time do I have?

3) I have a full time offer with a global bank for past few months that I couldnt join due to RFE in progress. Can they refile for me and given that there is no premium processing - Can I start working for them on the receipt? What is the process

4) Can I refile thru multiple employers and will this negatively impact my situation

5) Should I file a case against USCIS in federal court and if so, what is the approximate cost incurred.

6) What else can i do to continue working? What are my options.

Please provide as much detail as possible.

Thanks

Ana

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You have to stop working immediately. A refile would only be with Consular Notification since your I-94 is expired.

And you don't have standing to file any lawsuit. The H1 is the employer's petition, only the employer could file a lawsuit.

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1) I guess yes. Might result in same but atleast you can stay in USA. Depends on I94.

2) Depends on your latest I94. If it expired I feel you need to leave ASAP but if you have pending petition  ASAP you will be safe.

3) But if you do not have I94 you cannot stay in USA. Think about that first. Ask them to ubmit H1B asap.

4) Be careful. If have many it might bite you.

5) No use. My personal opinion. First understand why it was rejected in first case.

6) try B2 to stay in USA. New H1B petition and once you get receipt can work.

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Why was the H1 rejected?

You will have to leave in 2-3 weeks after you receive the denial notice. You can appeal the denial within 30 days, your attorney and employer should be able to advice you on that. If you do an appeal, you can't work but you can stay. 

You can file with a new employer or with the old employer, but since your I94 is expired I am not sure if you can do an extension of stay but you can do a Consular processing case. Check with an attorney to see if you can do a NPT and do an extension of stay due to the current situation.

You can also file a B2 and stay if you don't want to travel along with an NPT. 

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You can go with the full time job. Old RFE is related to your older employer. That has nothing to do with the new employer. You can work with the Receipt notice. This will be the easy option.

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Update - My employer is not being very cooperative apart from the fact that they are refiling. They dont want to share any documentation or challenge this decision. We are still waiting on the Denial notice to arrive. I have been speaking with few immigration lawyers describing my situation but i have to wait to see what denial notice says.

My question right now is - If the new employer with the FTE offer refiles my H1B, can i start working for them on the receipt notice. My 1-94 expired december 2019. Or do i have to wait for the approval to come which we dont know becoz premium is suspended right now.

Also given that right now there is travel ban - how do i leave. I am happy to leave because i dont want to violate any rules - but questions is can i leave and how? And if i cant - how do i make my stay legal.

 

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Hello Ana_Sad,

Sorry to hear you case. I am also in the same boat. I94 expired, Ext got denied (yet to receive the letter).  I would appreciate to hear how are you dealing with situation.

1. What was mentioned in denial letter? Any specific instruction in given situation

2. What step your employer took and are we ok if they refile the new case?

3. Any other options you came across and taking or can suggest.

Thank you very much and i can understand your pain. I have I140 approved and got denied after almost 10 years on H1 mostly due to SO

Edited by Chahal07
Typo

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