I-94 expired, H1b extention denied, What are my options?


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Hi Dear,

My H1B extension application got denied on date 11/27/2019 after RFE response submission on date 11/20/2019. My i-94 has expired on date 10/10/2019. I am not certain on denial reasons as my employer attorney yet to receive denial notice. I want to know possible options to continue stay in country.

1) Can my employer re-appeal against the decision?

2) Can my current employer file a new H1 application now? In that case, Do i still need to leave the country?

3) Can another employer file a new H1 application for me with a new client / position? Will it increase changes of getting approval?

4) My husband has L1-A. Can I file change of status or L2 without leaving the country.

5) If I have to leave the country then How many days I have ?

I am looking forward for your response. Thank you!

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1. They can appeal the decision.

2. Yes, current employer can apply for a new H1. You will need to leave the country as your I94 is expired and case is denied.

3. Yes, new employer can file a new application. 

4. I don't think so as your I94 is expired. An attorney will be the best person to answer this.

5. It takes 7-10 days for the Denial notice to reach you and after that you will have to leave within a reasonable time. I feel 2-3 weeks is reasonable time. 

Good Luck!


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Since your I94 expired you need to leave USA.

1) Yes

2) Yes but you need to leave USA

3) Yes and chances of approval depends on your profile and documentation. If it is a speciality occupation issue then it might get again rejected.

4) I do not know but I feel since I94 expired you need to leave country.

5) My H1B extension application got denied on date 11/27/2019 - 2 to 3 weeks from 11/27

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