Venkata33 Posted February 7, 2020 Report Share Posted February 7, 2020 Hello Sir, After stem opt my employer filed my H1b and was approved for only 3 months from Oct to Dec 2019. I have joined in new client . Recently they have applied my extension with all necessary documents with new client . My H1b got denied saying that my university is not under masters cap H1. My university is a private and for-profit institution of higher learning. Students who graduate from this University are not eligible to apply for the exemption from the H-1B numerical limitations (Master’s Cap Exemption). This has been always the case. But I can apply under General quota. After my h1 denial my employer re filed the case again saying that we can file her H1B under General Quota. I might get receipt in another 7 days. So Am I legal to stay in USA? How many days I can stay in USA legally after my denial? Can I still work legally in USA? Quote Link to comment
User099 Posted February 10, 2020 Report Share Posted February 10, 2020 Better to talk to an attorney. Quote Link to comment
adshah84 Posted February 10, 2020 Report Share Posted February 10, 2020 You have to file H1b under general quota in lottery again. There is no other option. Quote Link to comment
Venkata33 Posted February 11, 2020 Author Report Share Posted February 11, 2020 After refiling my H1B again. Can I work in the client place? If not can I stay in USA until I receive any further rfe or denial notice? Quote Link to comment
User099 Posted February 12, 2020 Report Share Posted February 12, 2020 Since your h1 is denied, you will be treated as out of status right now. You can't file a transfer to stay in US. Your only option that I can think of is to go through the lottery process again in March in the general quota. You will have to leave in 2 3 weeks (asap) once you get your denial notice. Quote Link to comment
gopalakrishnach Posted February 12, 2020 Report Share Posted February 12, 2020 It depends on your I94 validity. Quote Link to comment
JoeF Posted February 12, 2020 Report Share Posted February 12, 2020 On 2/7/2020 at 12:31 PM, Venkata33 said: Hello Sir, After stem opt my employer filed my H1b and was approved for only 3 months from Oct to Dec 2019. I have joined in new client . Recently they have applied my extension with all necessary documents with new client . My H1b got denied saying that my university is not under masters cap H1. My university is a private and for-profit institution of higher learning. Students who graduate from this University are not eligible to apply for the exemption from the H-1B numerical limitations (Master’s Cap Exemption). This has been always the case. But I can apply under General quota. After my h1 denial my employer re filed the case again saying that we can file her H1B under General Quota. I might get receipt in another 7 days. So Am I legal to stay in USA? How many days I can stay in USA legally after my denial? Can I still work legally in USA? Your original H1 was approved in error. That means it is revoked and you are not considered counted in the quota. You have to leave the country immediately. The employer can file an H1 is this year's general quota, with a start date of Oct. 1. Quote Link to comment
Venkata33 Posted February 17, 2020 Author Report Share Posted February 17, 2020 But In my case status still my first petition shows "CASE WAS APPROVED". So I think it was not revoked. I am planning to leave country asap. Thank you Quote Link to comment
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