H1 B denied and I94 expired what are the options i have

[Kriansr123]

Hi All,

 

Need you help and suggestion in this scenario.

 

I work for Indian IT service company and my H1 B petition was denied on 1st 2020, My employer wants to me to travel back now. Can you please advise on  the options available.  I dont want to leave the country due to COVID situation.

 

I got an RFE on specialty occupation and got NOID after responding to first RFE on 15 Jul and the petition got denied ultimately.

 

Thanks,

Kriansr

Edited October 6, 2020 by Kriansr123

[mfgengrCO]

You can file for B2 visitor visa to extend your stay in the US.

For your H1 denial, you can ask your employer to file form i290b - motion to reopen or reconsider and submit additional proof of specialty occupation along with that form. This form should be filed within 30 days from the date when NOID was issued. The result might take 3-4 months to come.

[Kriansr123]

Thank you mfgengrCo for the replay.

 

Since the USCIS site is only updated with denial, i am yet to get a response notice. would it be possible to convert to B2 visitor visa to maintain status.

 

Thanks,

Krishnan.

[Kriansr123]

16 hours ago, Kriansr123 said:

Thank you mfgengrCo for the replay.

 

Since the USCIS site is only updated with denial, i am yet to get a response notice. would it be possible to convert to B2 visitor visa to maintain status.

 

Thanks,

Krishnan.