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Ratheesh1979

H1B Extension denied, but amendment still on

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My previous H1B visa got expired while I was in US, in Nov 2019 (and so did my i94). My employer had filed for extension then and I got an RFE in Jan to which my employer responded on time. But there was no decision on the whole thing till July 2020 when I was about to hit the 240 day period. My employer then filed a location amendment on top of the extension which let me to stay and be able to work after July. Now in the last week of August 2020 I see the USCIS case status for my extension changed to 'Denied'. But the amendment that was filed still shows in progress. What are my options now? Am I out of status already or Am I good to stay and work till a decision comes on the amendment ? Can a different employer file a H1B transfer to me on the amendment while it is still not denied ?

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Can you do an MTR on your extension denial?  I believe it should be done withing 30 days of denial.  

 

Your amendment is based on this extension ..... there is a heavy chance it may get denied too ... but then I may be wrong.

 

Consult an attorney.  I hope you have a back up plan like H4 / H4 EAD processing simultaneously.  Lets see what other experts advise. 

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