H1B Extension Denied, i94 expired


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Hello everyone,

My H1 extension got denied and the reason for that being that we were not able to prove the employer-employee relationship and Specialty occupation. My attorney says not having the client letter has made the application to be denied. 

How do the following options sound? 

1) Apply for H transfer with another company, In this case do I need to leave the country or can I start working as soon as I get the transfer receipt? 

2) I am pursuing my executive MBA from a highly reputable school, can I change my status to F1 and if so can I apply for Change of Status considering that the H1 got denied and my i94 is expired? 


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Sorry about the denial of your extension. Applying for a new cap-exempt H1B or F1 is possible but since your I-94 has expired, in both cases you would have to leave the country and come back with the new pertinent visa stamped. A new h1b in your scenario would be applied with consular processing and with premium processing you might have the approval with in a month or so. I am not sure how easily u can convert to F1 though since u started on the program as a H1B holder - better talk to your international student advisor and/or a qualified immigration attorney at the earliest.

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I am in the same boat, my H1B extension got denied and my i94 expired in November. My employer is filing for MTR. My question is 

1) While the MTR is in progress, am I considered to be in status? I know I should not be working during this time

2) While the MTR is in progress, can I apply for a change of status to F1? 



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