H1B Extension Denied and I-94 Expired

[Satya S]

My H1B extension application was denied today i.e. October 12th. My I-94 expired on September 15th while my H1B extension application was in process. Kindly help me with the below queries.

1. Am I eligible for 60 day grace period or any grace period at all to find a new job?

2. Assuming I find a new H1B sponsoring employer in the next week or two, will the new employer be able to file for H1B transfer? If so, how soon they should and assuming the application is approved, will the approval come with a valid I-94?

Please help me with above. Thanks

[NotAnAttorney]

Just curious....what was the reason for denial?

[Satya S]

No idea yet @newHeadAche

Myself and my HR were caught unaware since we didn't get an RFE. My company is pretty good one, with only 5 H1B employees out of more than 1000 FT employees. We don't know what could be the reason at this point. Since this is the very first denial in the company, our HR guess is that there could have been some clerical error on the part of our legal representative but that's purely a guess.

Do you have any input on my queries though?

[JoeF]

The 60-day grace period doesn't apply because the I-94 is expired.

[Satya S]

Thank you. My HR also got similar intial reply from the legal firm they use. Right now, my manager is asking my HR people to send a new H1B application by mid of next week but trying to find out if I can legally stay in US (not working ofcourse & it will be Consular processing one) until the new case is decided on. Any idea if staying legally n also applying for new h1b is a possibility @JoeF ? Sorry for so many queries, been a really stressful and unexpected turn of events in a very short period of time.

[JoeF]

My understanding is that the denial notice should mention something about that. Something like " You have 30 days to leave the country." But I'm not sure about that, having never seen such a notice.

[Satya S]

Thanks @JoeF I will look for it whenever we receive the letter from USCIS. Hopefully the legal firm who filed my H1B can get us options soon. Thanks

[Parthi C]

Hi Satya,

My current situation is also a similar one, but my denial notice was faxed(the transfer was done through premium). My employer have planned to file a new H1B. Could you or someone please confirm, am i in out of status or am i still legal to work till hard notice received.

Thanks & Regards,

Parthiban C

 

[Jaggu84]

If the extension is denied and I94 expired already, you are out of status and have to leave the country immediately as per USCIS guidelines and the same would be mentioned in your denial notice. Even if you file an appeal against the denial, you might be out of status. Again if you file an appeal, i Heard USCIS might take its own time to respond and you could not file any new visa when the appeal for denial is in progress. 

Please speak with your attorney to confirm my above statements again and take an appropriate decision.