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H1 extension got denied....

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As my H1 was expired on 09/27/2011 with company A, I had applied for H1 transfer/extension through company B on 09/25/2011 and it got denied on 01/09/2012. Can you guys please give your valuable inputs:

1) I don't have any status to maintain as my H1 and I94 got expired and my extension got denied. How many days can i stay in US legally?

2) I am planning to apply new H1, do i need to reopen (MTR) on denied petition? or is it not necessary to reopen for applying new H1/ maintain status

3) Should i go with company B for new H1? or go with Company C? as my petition got denied with company B once.

Thanks for all your suggestions.

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Generally, there is no grace period after the H-1B denial. From the facts provided, it appears that you do not have any legal status to remain in the U.S. Since you are out of status, kindly consult with an experienced immigration attorney to discuss specific facts relating to your case in order to determine the different options that may be available.

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1. Contact an Attorney ASAP.

2. Since your I-94 expired and your extension is denied, you are staying in the country illegally. There is NO 3 months grace period.

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Thank you for your suggestion chitown01.

I had spoke with Attorney and decided to file new H1 ASAP but due to some reasons my employer was not able to file new petition and will take another 2-3 days. At this time i am thinking not to file petition with another new employer as it will be time consuming task.

I am out of status for 27 days and staying in the country. At this point of time i am very confused what step to take.

1) Should I leave the country and ask my employer to file the petition in PP? Is it ok to file a petition when i am out of the country?

2) Or should I stay in the country and wait for the decision on new petition as I had already stayed more than 20 days.? Will this effect my future visa stamping/POE

Please give your valuable inputs/ suggestions.



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Explain your situation to your attorney they can guide you better.......

1. Yes, employer can file your petition when you are out of the country.... if it gets approved... it will be thru Consular Processing...and you will need to get stamping done before returning to the us.

2. Talk to you Attorney and see what they suggest.....

Premium Processing filing will make sense for your situation... you will receive communication faster

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I had applied new H1 in PP 15th Feb and status was updated to Acceptance on 16th Feb. According to USCIS in PP we need to get the response in 15 days. But its already 15 days (02nd March) and I did not received any response of Approval/RFE. Did any body faced this situation or any one have any idea about this?

when I googled i came to know that if we do not get response with in 15 days the case will go "security check". Is that correct?

what is security check?

or is there any reason for delay in response?

Please give your valuable suggestions


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