H1 B extension denied and reapplying from a new Employer


harikay

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Hello,

 

My H1 B extension got denied today (First H1 B expired on Sep 30, 2014, I-94 expired on Oct 10, 2014, VISA stamping expired Sep 30, 2014) and doesn't know the reason of the denial yet.

 

Got an offer from other company previously. Is it ok to reapply H1 extension from that employer now? What are my options? How long I can stay in US after H1 B extension denial?

If I apply for H1 extension from the new company, am I still considered as in status?

 

If I move to F1 say, Can I still stay in US with the new I20 or should I go back to my home country  or cross US border and come back for SEVIS activation?

 

Please help.

 

Thanks

HY

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New employer can file a cap exempt H1B petition but if it gets approved you will not have an I94 in I797.

Moving to F1 is not possible as Spring session is a long way to go and admissions for that session are over. Don't complicate your life by applying for F1 as you are illegally present from 6th Nov 2014.

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