H1B Extension Denial.. Other Options


sendilvera

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Posted

All,

I got my H1B Extension Denial after RFE response, I94 is expired.  Looking for other options ..

Could anyone share your thoughts .. Much Appreciated.  Thanks in advance.

  1. Can I transfer my H1 to new employer?
  2. Can I appeal the denial ? If I do so, will I be on status until I figure something else ? 
  3. I am yet to get the Denial notice, if I get it today ,Am I out of status from tomorrow?

 

Posted

First thing first, you are accruing unlawful status and should leave asap.

1- Any employer can file a petition on your behalf. As your i94 has expired, there will not be extension of status. The petition if approved will be approved under consular notification. 

2- You can't but your employer can. You would still have to leave USA and wait for the decision on the appeal.

3- You are already out of status from the day of denial date.

Posted
2 hours ago, xTDx said:

First thing first, you are accruing unlawful status and should leave asap.

1- Any employer can file a petition on your behalf. As your i94 has expired, there will not be extension of status. The petition if approved will be approved under consular notification. 

2- You can't but your employer can. You would still have to leave USA and wait for the decision on the appeal.

3- You are already out of status from the day of denial date.

Thanks xTDx

Posted
On 2/25/2019 at 9:33 AM, xTDx said:

First thing first, you are accruing unlawful status and should leave asap.

1- Any employer can file a petition on your behalf. As your i94 has expired, there will not be extension of status. The petition if approved will be approved under consular notification. 

2- You can't but your employer can. You would still have to leave USA and wait for the decision on the appeal.

3- You are already out of status from the day of denial date.

Good explanation...

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