H1-B Denial and refiling of fresh H1B


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I am in US with a fresh H1B issued in 2013. Since it was issued only for an year, 3 months before its expiry we applied for a 3 year extension from CSC (California Service Center) in Premium.

This resulted in an RFE enquiring more about the right to control (employer-employee relationship), employer info (tax & wage statements), maintaining status (employee's work products and w2s), position requirements (change in previously approved position).

We detailed all of these and replied back to USCIS on oct 2 2014. Within 2 weeks of the submission, a denial was updated on oct 16 2014. We are yet to receive the detailed reply from USCIS.


Now, since the original I94 got expired on oct 10th 2014, looks like im out of status as of now (i infer this based on my reads on this forum). Now, pls note I am still working at my client site and am being issued a paystub tomorrow oct 20th (since officially, the employer is yet to receive USCIS's letter).


Now, what should I do?


a) Based on my conversation with my employer and the attorney, they are not confident of a positive response on MTR.

b) Also, Im not confident to file another H1B petition thro this employer from CSC. I would like to file the petition thro another employer from another service center. 

c) So, can I file a fresh H1B petition thro another employer from another service center. And try to get consular processing done, so I can get it stamped after going out of country.


i) If so, how much time will it take to file the petition? 

ii) How much time do I have to file this new petition?

iii) What are the specifics that I should take care of? That is, about position, payslips, client letters, etc.

iv) Can I file this fresh H1B petition thro with nunc pro tunc?


Please help and guide me.






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Hello Rahul412,


Thanks for the response. I am working on getting another employer. 


I understand that i am out of status, but shouldnt my employer get a notification/denial-response from USCIS (which he will receive in a day or two). And then, they have to issue a return ticket back to home country. So, in short, im trying to access how much total out-of-status time can i accrue, before I file/get a new h1b?


Thanks again for reply.


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