H1 Denied - What are my options now

Recommended Posts

My H1 got denied. My i94 expired and my 240days are over. I am in US from 2012 and the one that got denied is the extension after 6years. I have valid i140. What are my options now? 

Do I have to leave the Country? 

Am I eligible for H1 cap exempt? Can H1 cap exempt be filed in premium?

Can H1 cap exempt be filed when I am in US?

Can I apply for H4 through my spouse without leaving the country?

 Is my GC application still valid as my H1 is denied and will I still hold the priority date?


Link to comment

You are accruing illegal stay if you exceeded 240 days without a valid status. You can't apply for COS since your I-94 is already expired, so changing to H4 will have to happen after you leave the country.

GC is separate from H1B and remains valid with the priority date, if the job is still available. The I-140 can be used to apply for future cap-exempt H1B applications. All this is assuming illegal stay doesn't have an impact. Best to consult a good attorney.

Link to comment

Join the conversation

You can post now and register later. If you have an account, sign in now to post with your account.
Note: Your post will require moderator approval before it will be visible.

Reply to this topic...

×   Pasted as rich text.   Paste as plain text instead

  Only 75 emoji are allowed.

×   Your link has been automatically embedded.   Display as a link instead

×   Your previous content has been restored.   Clear editor

×   You cannot paste images directly. Upload or insert images from URL.