H1B Denied- Next option

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My H1B extension is filled, and I got an RFE stating my Level 1 Wage and my position and responsibility doesn't consider to be preferred position for my wage level 1. Later my attorney filed a reply for the RFE  with expert opinion letter but it got denied. Got the denial 2 days back and my I94 expired 2 months earlier.

There is a statement stated in the notice 'If appeal or motion is not filled within 33 days the decision is final'.   Does anyone has such note in their denial notice. Does this state the decision is not yet final?

I came to know that as the final decision is by next 33 days, and filing an appeal within that days will still make my decision pending,allowing me to work and stay though my I94 expired.  So planning to have appeal opened and then a new petition in PP , get approved , leave the country and stamped visa and return back.

Once we are back, does my previous appeals or status is cured?  Do let me know is this best option for me now?





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  • 4 weeks later...

Hello Lakshman,

Am also in a similar situation, I have few concerns here. I didn't receive the hard notice but my employer got the information through FAX. My employer is planning to file new H1B in premium and once its approved i need to go back stamp and come.  My I94 expired by 31-Dec-17. So am illegal to stay or not and should i need to wait till the new H1B is approved.

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  • 2 weeks later...

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