parvez Posted December 25, 2013 Report Share Posted December 25, 2013 Hello, My close friend got hit H1 extension denial. This happened after RFE response. Unfortunate, he has a week time on his I94. Looks to transfer the H1 to a different employer, he needs to get LCA approval and file for this. For which he doesn't have much time to act. And couple of employers couldn't help on this. Any valuable suggestion on this. What should he do at this situation? If any other employer files for his extension, can he travel back to Indian and get his VISA stamped once he get approval? Please provide the best suggestion that will keep his legal status intact and he doesn't need to travel back to India. Thanks in advance. Link to comment
jairichi Posted December 25, 2013 Report Share Posted December 25, 2013 Hello, My close friend got hit H1 extension denial. This happened after RFE response. Unfortunate, he has a week time on his I94. Looks to transfer the H1 to a different employer, he needs to get LCA approval and file for this. For which he doesn't have much time to act. And couple of employers couldn't help on this. Any valuable suggestion on this. What should he do at this situation? If any other employer files for his extension, can he travel back to Indian and get his VISA stamped once he get approval? Please provide the best suggestion that will keep his legal status intact and he doesn't need to travel back to India. Thanks in advance. He could file for a COS to B2 and get a good employer who could file his cap exempt H1B petition in the meantime. On approval of H1B petition he could request USCIS to withdraw his B2 application. Link to comment
t75 Posted December 25, 2013 Report Share Posted December 25, 2013 Ince his I-94 expires without a pending petition, he will be illegally present. Since any new petition will likely be approved for consular processing, he will have to exit the US and enter with a valid stamping so the option of remaining in the US is not likely. Link to comment
rahul412 Posted December 26, 2013 Report Share Posted December 26, 2013 If any other employer files for his extension, can he travel back to Indian and get his VISA stamped once he get approval? Yes. So better to file COS to B2 before I94 expires or leave US and come back with new visa. Link to comment
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