h1b Extension denied but i94 is valid

Saranya C

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I  have a h1b stamped visa for the period of  October 2018 - august 2020 for client A. But i got a project for client B and applied for Amendment(client location change) . With the Amendment receipt # i have traveled from India to client B(This is my time first travel to US ). During the port of entry i got i94 validity till  aug 2020. My amendment petition approved till  aug 2019 without the i94 attachment(still i94 online showing the validity as aug 2020) .  As the Amendment petition reduced to 1year from my stamped visa, i have checked with my employer and  they asked me to apply for the h1b extension. So i have applied for extension on mar, 2019. I received RFE for my extension in the month of jun,2019. Now case is denied by USCIS on October 9,2019. My attorney yet to receive the denial reason. Now my question is as my i94 is valid till aug, 2020, can i apply for h1b extension in premium immediately and continue to work with the client B with the same employer as my i94 is still valid? any other options are available for me or i need to travel back to india?

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I would suggest you to talk to a GOOD attorney and get the right answer to your case. Since your application is already denied and without knowing why it was denied, its difficult to say if you can reapply with the same Employer.

Your employer can apply to reconsider the denial and you can stay here while that is in progress. But I think you are not eligible to work while that is in progress. 

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One of my friend had similar case. His petition was rejected for Employer A - Vender B- Client C. He went to India and his employer applied once again new H1B petition with same documentation for Employer A - Vender B- Client C and it got approved got visa stamped and came back to USA.

You can re-apply same or new employer new petition. Both options has risks.

First answer your self, you have any speciality occupation issues?

Edited by gopalakrishnach
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