H1B Extension denied, Refiling

[bujju]

Hi,

H1B extension applied in Regular Processing on July 28 2017 ( I140 approved, 10th year on my H1B)

I94 Expiry Oct 6, 2017

Got RFE Oct 2, 2017 ( Client Letter, Employer Employee Relationship)

Responded to RFE Nov 2, 2017

H1B Denial mail on Nov 15, 2017. ( Client Letter, Employer Employee Relationship) USCIS was not happy with what i sent apparently.

Question 1- when does my Out of status start? Can i stay in US and reapply. and how long can i stay?

Question 2- Can I refile with Denial response. any chance of getting approved?

[BLUE_S]

Bujju, Sorry to hear about your denial. My understanding is that once you receive the denial notice, you are technically out of status. However, I am not sure if the 60 day grace period starts now or already has started on Oct 6th.

From what I had read, it is hard to fight a denial notice. Rather save your time and energy and find a new employer to file for a H1B.

 

btw, the client letter that you had sent in response to the RFE, did the client mention that the project is for at least 3 years of duration? I wonder why they would have denied even after you have submitted the required documentation. Do you have a Bachelors or Masters and what is your major? Good luck in whatever you choose to decide. Keep us posted.

[pontevecchio]

You have too much at stake. The reason for the denial is the crux. Get a Good lawyer on your side or ask the employer to do so.

[bujju]

Reason for denial is

1. Employer Employee relationship
2. Speciality Occupation

My Employer says it is because of no Client letter, So now with exception client sent me an email saying same, but no client letter.

and my Vendor gave a Master Service agreement between Vendor and Client.

My employer is applying Fresh H1B now with additional evidence.  Do you think now the petition has more chances to get approved.