H1B transfer is approved but extension is not approved

[Karthikgoutham84]

My H1B extension is approved but extension of stay is not approved. Do I need to depart from USA within 2 days? Or any grace period like 2 weeks or 3 weeks?

In this case , instead of going for VISA interview in home country, Can I find another employer to file a fresh petition from India and after getting approval

Can I travel back to USA with new approved petition and old visa (which is valid till Oct 2023.

 

[pontevecchio]

You could leave and return on the existing visa.

You could ask your employer for an explanation.

You can get a new sponsor.

[Karthikgoutham84]

The reason for why extension of my stay is not approved is given below.

1) I had been working for EMP A for 4 years and travelled to india due to family emergerncy on Mar 2021. Unfortunately the US consulate was closed and travel ban was in place for few months. I could not get VISA appointment for 7 months and I got stamped in Oct 2021. There was no opportunity given again. So I quit the job from Emp A and travelled to USA using the VISA sponsored by EMP A on Oct 2022.

(my current VISA is valid till Sep 2023)

2)As soon as travalled to USA ,  I got a job and filed another employer B and filed H1B transfer petition.  Now the petition is approved and the extension of stay is not approved stating that I failed to maintain the H1B status as per the terms and conditions of the Previous Approval notice.

I travelled to india within 15 days from the date of the approval notice.

1) Can I go for stamping after booking appointment with the same approved petition. Is there any risk of refusal of VISA and cancellation of existing VISA?

or skipping this consular processing and follow the next step

2) To avoid this risk, Can I file another H1B fresh petition( with CAP Exempt) through another employer C and and process it in premium ? How about the success rate for approval of this petition? If it's approved, Can I travel with the new petition and with old VISA which is still valid until Sep 2023.

Please suggest

 

[pontevecchio]

You should discuss your situation with a lawyer.

[Karthikgoutham84]

It means that I could leave from USA and I can come back in one or 2 months without going for stamping? so While entering USA , my I-94 will get updated with new petition date at POE?