HI B Extension denied

[SS23]

Hi,

I have applied for H1B second extension on Aug 2013, my visa got expired on Nov 2013. The case went to RFE and the documents have been provided with premium filing. The visa was denied on Apr 3, 2014.

Now what are the available options
1. Is it possilbe to reopen the case ?
2. currently, i am in U.S., should i return back to India incase if the case can be reopened ?
3. Is it possible to stay in U.S and work, while the case is being processed after reopening ?
4. Is there a way to switch to another company like requesting new H1B , some sort of . [ I am not sure ] What are the options ?

Thanks
SS23

[jairichi]

Hi,

I have applied for H1B second extension on Aug 2013, my visa got expired on Nov 2013. The case went to RFE and the documents have been provided with premium filing. The visa was denied on Apr 3, 2014.

Now what are the available options

1. Is it possilbe to reopen the case ?

2. currently, i am in U.S., should i return back to India incase if the case can be reopened ?

3. Is it possible to stay in U.S and work, while the case is being processed after reopening ?

4. Is there a way to switch to another company like requesting new H1B , some sort of . [ I am not sure ] What are the options ?

Thanks

SS23

Reason for denial?

1. Ask your employer's attorney.

2. Yes or you have to move to a dependent status based on your spouse's status in US.

3. No.

4. Possible and it depends on the reason for denial. But, you still have to leave US as petition would be approved as consular processing.

[rahul412]

1. Is it possilbe to reopen the case ?

2. currently, i am in U.S., should i return back to India incase if the case can be reopened ?

3. Is it possible to stay in U.S and work, while the case is being processed after reopening ?

4. Is there a way to switch to another company like requesting new H1B , some sort of . [ I am not sure ] What are the options ?

1. That's possible,but approval depends on your reason for initial rejection

2. Currently you are out of status, MTR( case reopen) doesn't provide you any legal status)

3. No,not possible

4. You can file for transfer. But again that approval depends on the reason for initial rejection

[t75]

A visa expiring is not a problem. An I-94 expiring is. I think you have the two confused.

 

If your I-94 has expired, you are now illegally present and may not work.  You need to leave the US.  Assuming that it was denied because of an issue with the employer, finding a new employer is your best course of action,

 

You should understand the reason for the denial and address that issue.

 

[SS23]

Hi ,

My I94 is expired while my extension process was on.  As my extension has been denied, i will be leaving US within 2 weeks directed by my employer.  Meanwhile , is there any other way i could try some other company in U.S , will they would be able to apply H1B under some criteria ? If so, what are the options do we have , what should they apply for in USCIS.

Thanks
SS23

[jairichi]

Hi ,

My I94 is expired while my extension process was on.  As my extension has been denied, i will be leaving US within 2 weeks directed by my employer.  Meanwhile , is there any other way i could try some other company in U.S , will they would be able to apply H1B under some criteria ? If so, what are the options do we have , what should they apply for in USCIS.

Thanks

SS23

A new employer can file a cap exempt H1B petition in consular processing. But, since your I94 has expired you have to leave US and only after cap exempt H1B petition is approved you can enter US.

[rahul412]

Hi ,

My I94 is expired while my extension process was on.  As my extension has been denied, i will be leaving US within 2 weeks directed by my employer.  Meanwhile , is there any other way i could try some other company in U.S , will they would be able to apply H1B under some criteria ? If so, what are the options do we have , what should they apply for in USCIS.

Thanks

SS23

Since your I94 got exp, you need to leave US ASAP. You are currently out of status.

Your H1 with the same employer will depend on the reason why your pre H1 was rejected.