H1 Ext Denied-- please reply ASAP

[vishalth]

Hello All,

After my response to RFE ,my h1 ext got denied on dec 7th 2011 (received the notice on 12th dec) . The denial notice had lot many reasons like employer -employee relationship etc but the attorney has mentioned the prime reason for the denial was expired workorder(PO) , as the new Workorder(Purchase order) was getting delayed for the client my employer has attached the email conversation from my client .But, that did not prove to be good enough for the USCIS officer hence denied my case .

Now i applied for new h1 petition on dec 21st , waiting for the response within 2-3 days . I am worried about my status , I know i am already out of status . But one of my attorney has said that practically speaking i should be Ok if I am with in the 180 days of time frame of my denial and some other say i can't stay beyond 30 days .. So I am confused here ..Please help me out .

Also , if I get the approval Can i go to canada and get it stamped(if I dont have the i-94 attached) but I'm scared that even if i get the approval i would be going beyond the 30 day time frame of my denial .

Please help me out ..awaiting your reply .. Thanks in advance.

[redgreenbluee]

please consult a lawyer.

the 180 days is a safety need when you are applying for I-485, meaning you can be out of status for less than 180 days and you can still apply I-485 AOS - you would probably want to apply for GC in the future.

it is possible that your underlying H1 petition got approved but your extension of stay did not, you will receive approval notice I-797 without I-94 and you will need to leave the US and get a new visa stamp (if applicable) and return to US before you can start/continue employment. you will need to go back to your home country to apply new visa stamp since you are already out of status.

Hello All,

After my response to RFE ,my h1 ext got denied on dec 7th 2011 (received the notice on 12th dec) . The denial notice had lot many reasons like employer -employee relationship etc but the attorney has mentioned the prime reason for the denial was expired workorder(PO) , as the new Workorder(Purchase order) was getting delayed for the client my employer has attached the email conversation from my client .But, that did not prove to be good enough for the USCIS officer hence denied my case .

Now i applied for new h1 petition on dec 21st , waiting for the response within 2-3 days . I am worried about my status , I know i am already out of status . But one of my attorney has said that practically speaking i should be Ok if I am with in the 180 days of time frame of my denial and some other say i can't stay beyond 30 days .. So I am confused here ..Please help me out .

Also , if I get the approval Can i go to canada and get it stamped(if I dont have the i-94 attached) but I'm scared that even if i get the approval i would be going beyond the 30 day time frame of my denial .

Please help me out ..awaiting your reply .. Thanks in advance.

[vishalth]

please consult a lawyer. the 180 days is a safety need when you are applying for I-485, meaning you can be out of status for less than 180 days and you can still apply I-485 AOS - you would probably want to apply for GC in the future. it is possible that your underlying H1 petition got approved but your extension of stay did not, you will receive approval notice I-797 without I-94 and you will need to leave the US and get a new visa stamp (if applicable) and return to US before you can start/continue employment. you will need to go back to your home country to apply new visa stamp since you are already out of status.

Thank you so much for the response ..

So if i dont get the I -94 along with the approval , can i go to canada or mexico to get it stamped ? or I need to go to my home country only ?

as i am out of status