H1B denied after RFE , I-94 valid


deyri

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Hi,

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 !!

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