H1B Extension Denial & Next Options?!?!


balaji1503

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I had applied for my H1B Extension and i find the USCIS status as 'denial notice sent', this after 2months of RFE Response submitted. Now i don't hold a valid visa, as it got expired during my RFE.

 

1) Is it reliable to go with status in USCIS? As from online forums and even from a friend of mine, seems the status are updated wrongly. How to confirm the denial in my case?

2) If confirmed of denial and going back to India.. can i re-apply for Visa immediately under non-cap or do i need to wait for some cool-off period?

3) Is it advisable to apply under L1, if H1 re-application under non-cap is not considered by my employer.

 

P.S: Applied Visa Ext., for the 1st time and in US <1 year.

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I had applied for my H1B Extension and i find the USCIS status as 'denial notice sent', this after 2months of RFE Response submitted. Now i don't hold a valid visa, as it got expired during my RFE.

 

1) Is it reliable to go with status in USCIS? As from online forums and even from a friend of mine, seems the status are updated wrongly. How to confirm the denial in my case?

2) If confirmed of denial and going back to India.. can i re-apply for Visa immediately under non-cap or do i need to wait for some cool-off period?

3) Is it advisable to apply under L1, if H1 re-application under non-cap is not considered by my employer.

 

P.S: Applied Visa Ext., for the 1st time and in US <1 year.

1. Yes. Your employer/attorney will get a denial notice.

2. Your employer has to file a cap exempt H1B petition and only on approval you can go for visa stamping.

3. Ask your employer.

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