H1-B applying after denial of extension


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Hello all,


Here is my scenario:

I've been working in U.S. since 10 years, and I have approved I-140 from the company I'm currently working, and hence more than 6 years is not a problem. I've been working at my current Client location since more than 3 years now.


My employer filed for H1-B extension in the month of April, since it is expiring in May. During their filing for extension, my employer received an RFE, requesting the contract with the client. They fulfilled that RFE, but unfortunately they sent out an expired contract with the Client. My Client generally extends the contract every 6 months, so my employer should've got a new extension in the month of December/January. But they apparently didn't use the new contract, and my case was denied.


My question is: Will I be able to work at the Client location once I receive the receipt saying that USCIS received the H1-B extension application? I know that we can work as long as we have the receipt from USCIS saying that they received a case for extension, but is that hold true in my scenario also (after first denial)?


Thanks in advance!



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Generally, if the denial resulted in a period of being out of status then the newly filed H1B can be approved, but the extension of status portion of the petition should not be. Thereby, requiring you to leave the U.S. and re-enter pursuant to an H1B visa prior to possessing H1B work authorization. To discuss this in more detail it is advisable to speak to a qualified U.S. immigration attorney.

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