H1 Extension Denial

nh1query

New Member
My H1 Extension got denied, Employer has not responded to USCIS on RFE, Employer did not notify me on the RFE, Employer not willing to open Motion to Reopen as instructed in Denial Notice, As a whole Employer responsible for my Out of Status. Can the Employer be sued for the damages
 
Sorry if it does not sound in your favour, but IMO, you cannot sue the employer for not supporting the H1 extension. It is employer's petition, so they may not respond to RFE or even may withdraw the pending petition.
They have certainly terminated your employment and are liable to buy you a return ticket to your home country. If this denial was recent, you may be able to transfer your H1 to another employer.
 
If you stay beyond I-94 date, you are responsible for your illegal stay not the employer. But once denial notice is received the employer must convey this to you in writing and pay your return airfare. Speak to an attorney asap.
 
Sorry if it does not sound in your favour, but IMO, you cannot sue the employer for not supporting the H1 extension. It is employer's petition, so they may not respond to RFE or even may withdraw the pending petition.
They have certainly terminated your employment and are liable to buy you a return ticket to your home country. If this denial was recent, you may be able to transfer your H1 to another employer.


What is the Time Frame for Applying for a H1 Transfer after Denial. I Left USA (to my home country), before denial notice was served to me
 
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