H1b extension request rejected after RFE

[bharath10]

HI,

 

I have applied for H1b extension , this is my second extension , the first extension i got for 1 year only.

 

I been with the same client since last 5 years (since start of my H1b tenure) .

 

I got RFE asking for employer-employee relationship prrof ,we provided the client letter and bi-weekly status reports to prove it .BUt yesterday i got deniel on my h1b extension (do not know the reason yet as we didn't get their mail yet).

 

My I-94 and previous H1 got expored on Sept 30 , 2015.

 

My employer is going to file another H1b for me next week.

 

I have approved I-140 also and my husband is a full time employee for a big company.

 

since my I-94 is expired , what is my status now , can i stay in USA untill i get the reply for my new H1B petition that my employer is going to file , or is it a good idea to move to H4  .

 

DO i need to go out of country and enter again , i can not do it now as i am pregnant with 6 months.

 

I am in very confused state as to what happens to my status and next stesp.

 

if anyone can help me out my i-94 situation , that would be very great.

 

Thanks

 

[jairichi]

You are in unlawful status in US. You need to exit US or try to apply for a COS to H4.

[hmaster]

If your I-94 has expired you Out of Status and need to exit the country asap. If you over stay for 180 days you automatically trigger a 3, 10 year ban. You cannot re-enter as you don't have your new h1 approved to show at POE.

 

You can probably do a quick COS to H4, if you have your latest H1 project pay stubs, and would be your best bet. If your H4 COS is denied for whatever reason. Your next best option is to simply exit, get h4 stamped and reenter.

 

Your employer can try applying for a new H1 but the chances of rejection are extremely high if it's the same client; reason being the same as one for your H1 extension denial. New H1 application assumes you have latest pay stubs, if not you cant apply. 

 

If I were you I would go for H4 + H4EAD, start legally working again and then apply for h1 if you still need to. 

[bharath10]

HI,

 

Thanks a lot for your response.

 

My employer files MTR and re-files the H1b yesterday , we didn't even recieve the deniel notice mail from the UCSIC yet.

 

IN parallel i am trying take the appointment for my h4 stamping in INDIA and book the flight tickets and get the letter from doctor because i am pregnant.all these things will a take week or 10 days.

 

Is it okay to stay for 10 more days because we have to do all these before  i can leave we can not just pack and board the flight just because they rejected for some unknown reason.

 

we are very worries that if even these 10-15days will be questioned as illegal stay at embassey during h4 stamping.

 

THanks

Lakshmi

[jairichi]

HI,

 

Thanks a lot for your response.

 

My employer files MTR and re-files the H1b yesterday , we didn't even recieve the deniel notice mail from the UCSIC yet.

 

IN parallel i am trying take the appointment for my h4 stamping in INDIA and book the flight tickets and get the letter from doctor because i am pregnant.all these things will a take week or 10 days.

 

Is it okay to stay for 10 more days because we have to do all these before  i can leave we can not just pack and board the flight just because they rejected for some unknown reason.

 

we are very worries that if even these 10-15days will be questioned as illegal stay at embassey during h4 stamping.

 

THanks

Lakshmi

You are fine.

[permaudit]

HI,

 

Thanks a lot for your response.

 

My employer files MTR and re-files the H1b yesterday , we didn't even recieve the deniel notice mail from the UCSIC yet.

 

IN parallel i am trying take the appointment for my h4 stamping in INDIA and book the flight tickets and get the letter from doctor because i am pregnant.all these things will a take week or 10 days.

 

Is it okay to stay for 10 more days because we have to do all these before  i can leave we can not just pack and board the flight just because they rejected for some unknown reason.

 

we are very worries that if even these 10-15days will be questioned as illegal stay at embassey during h4 stamping.

 

THanks

Lakshmi

Lakshmi,

 

10-15 days would not be an issue. When you go for stamping in your home with an approved petition, that would be taken into account. There are chances they would not even ask you about it. (I was in a similar situation and was never asked about it in the interview). So should not be an issue at all. Given your condition, don't rush and panic. All the best!

[hmaster]

It's ruthless, but it is what it is. 

 

I think 10 more days isn't going to make it more worse than what it already is. As long as you aren't going to stay illegally for more than 90 days, there are chances that DOS (consulate) may excuse you (but not without explanations). 

 

I wish you best of luck!