H1B Amendment denied...what next?


luck2u

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One of my friend got his H1B Amendment denied though original petition is valid till June'2017...here is more info...

 

Got extension approved in June'2014 for 3 years i.e., till June'2017 (with I-194 till June'2017)

Applied for H1B Amedment last month as he moved to different client (change in work location).

 

As he got H1B Amendment denied (not yet came to know the reason), still is he legal to stay in USA or does he need to go out of country irrespective of original petition validity.

 

Pls advise folks.

 

 

Thanks in advance!!

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Thanks for your quick response jaircichi!!

 

  • Can he attend for visa with old petition outside USA as he has client letter and the position is open which he worked earlier or need to apply for H1B with USCIS as extension of stay?
  • Can he leave USA and enter back with old petition so that he gets new I-94 and start working in old work location (his current visa is valid till Dec'2014)?
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Thanks for your quick response jaircichi!!

 

  • Can he attend for visa with old petition outside USA as he has client letter and the position is open which he worked earlier or need to apply for H1B with USCIS as extension of stay?
  • Can he leave USA and enter back with old petition so that he gets new I-94 and start working in old work location (his current visa is valid till Dec'2014)?

 

If position with old client at that location is available then he can exit US and enter with a valid H1B visa and I797. Ask him to talk to his attorney about this course of action.

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