H-1 B Pentition Denied - Please Help

[sahara]

Hi ,

My friend was on H-1B since past 4 years with a Consulting Company. Last year she was offered a full-time position by her Client and she accpeted the offer.The Client applied for a new H-1 around 7 months back and we learned today that her petition has been denied by the USCIS. Her I-94 expired last month and she does not know what to do at this point. I read in some posts that she will immediately need to leave U.S.. It that correct or will she be allowed to stay here for couple of months??...Can she apply for H-1 through another company and continue to stay here? Please respond as we are worried and clueless..Thanks a lot in advance!!!

Sahara

[rahul412]

Her I-94 expired last month and she does not know what to do at this point. I read in some posts that she will immediately need to leave U.S.. It that correct or will she be allowed to stay here for couple of months??...Can she apply for H-1 through another company and continue to stay here? Please respond as we are worried and clueless

She is out of status now. She has to leave ASAP.

[wiweq]

She should get the advice from attorney. Any reason of denial?

[cooldude76]

Sorry to hear on the H1 denial. Whats the reason for denial? Can her employer go for I290B with a motion to reopen/reconsider?

Else with same or other employer can go for a cap exempt H1 but in most probability if approved with have to go for consular processing.

[sahara]

Thank you so much guys for taking time for reviewing and replying for this post. My friend talked to USCIS yesterday and the USCIS people said that her petition is still on the pending status. According to them there is some technical issue in USCIS website which sent a denial notice to her. This is the second time that this has happened to her. She got an email last week stating that a decision has been made on her H-1B petition and when she called to check if it was approved/denied they gave the same technical issue reason. Anyways thanks again for your responses.