H1B denied after RFE , I-94 valid


Recommended Posts


Please help me with your advise

-> I have CAP Exempt H1b  ( I-140 approved) VISA valid till 12/1/2019 & I-94 valid till 12/11/2019

-> No change in Employer and end Client

-> My extension petition got denied on 10/29/2019

-> My Employer is working on refiling the extension petition again and they should be able to file it soon in couple of days

-> As per the Attorney , I need to go outside USA by 12/11/19  if refiled petition does not get approved by  this date

My understanding is that I can stay as long as USCIS decision is pending on my refiled petition.

Please help me to understand if there is any exception to 240 days rule on new petition in case earlier petition was denied.

Thanks for your help in advance !!

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.