appeal to H1....interesting

[immiadvice]

Hello everybody,

I have applied for H1 extension....a question came to my mind...

1. is there anything like H1 rejection and if yes do INS give reason for their decision and can we appeal the decision...

i have not read anything like that on this board...

2. Why H1 visa without I94 and then the candidate has to travel outside the country to get valid I94. Is appealing the decision possible and if yes whats the time frame and during that whats the status of the candidate....


i thought getting clarification on these will help many people...so please post your experiences....

thanking you all

 

[tt tt]

Yes there is ..

1) a chance that your H1 extn can be rejected.
if you were not on valid status before, if you cannot provide paystubs for extn / transfer, if your company has massive layoffs, if you do not reply back to rfe in time...all these can lead to H1 rejection..you can file for an appeal to re-open the case..dont how how successful that can be.

2) There are 2 different problems addressed by visa and status(entry on latest I-94)
visa : allows you to present your self to enter the USA and request for entry.
status : based on I-94 is the time you are allowed to be in the USA under a particular category.
So in order to work..you need an H1 status..as shown by the I-94 that comes attached to the H1 transfer or extention notice. If you do not have this I-94 stub attached then you have no permission to work in the USA. You have to get out ..get a new VISA..re-enter..now you will get a new I-94 with H1 status that will allow you to work.

3) Appealing a denial ( or a notice for intent to denial ) can keep the person in limbo..if it is succesful then he/she is ok..if not then he/she is out of status from the day the application was filed .