H1B Extension Denied - What are the options while in US and India?

[Balaji Baskaran]

Hi, 

My friends H1B extension has been denied. Can you please help with the answers for below?

1. Are there any options for him to continue in US? Can another employer sponsor H1B and can he continue in the US?

2. If he has to go to India, can he come back again with H1B (under non Cap)?

3. If he has to move to a different employer, can he travel onsite by applying for H1B (under non Cap)?

4. He already has I140 approved under EB1 category. Will he be able to retain that when he moves to a different company?

Thanks in advance.

Balaji

[gopalakrishnach]

I depends on I94. He has 60 days to apply for new H1B or end of I94 which ever comes for to stay in USA.

since he already has 140 and I hope employer will not revoke it and it passed 180 days

2) Yes

3) If he is in USA he can join new employer on receipt number and move to location. If he is outside need to wait for H1B approval. Visa stamp depends whether he already has valid stamp or not.

4) Yes

[User099]

15 hours ago, Balaji Baskaran said:

Hi, 

My friends H1B extension has been denied. Can you please help with the answers for below?

1. Are there any options for him to continue in US? Can another employer sponsor H1B and can he continue in the US?

2. If he has to go to India, can he come back again with H1B (under non Cap)?

3. If he has to move to a different employer, can he travel onsite by applying for H1B (under non Cap)?

4. He already has I140 approved under EB1 category. Will he be able to retain that when he moves to a different company?

Thanks in advance.

Balaji

1. Will depend on his I94 expiry date. What is his I94 Expiry date?

2. Yes.

3. Yes

4. No, may be just the Priority date can be retained.

[jhony]

Apply for another job and get H1B transferred in premium. One can extend h1B within 60 days of leaving the first job.

EB1 will get green card soon. 

move to a different employer, you can travel onsite by applying for H1B (under non Cap)?