H1B denied....need opinion...Please help !!!!

[1217]

Hi,

My H1B extension got denied after 5 months of expiration of I-94. Was I out of status from the day of expiration of my I-94 ?

Please help.

Thanks in advance.

 

[nkm-oct23]

Yes, you are considered out of status the day after your I-94 expired but if you have an application for extension/change of h1 status you will be considered in status until the petition is denied. In your case your out of status clock begins on the day of denial.
Can you post more info on the reason for denial? What kind of employer do you work for?

 

[1217]

Thanks for your qucik reply.
I am with a small consulting company but I was never on bench and was paid all the time.

The denial was after RFE.

RFE: Aking for client/vendor letters and contractual agreements
Denial: I was not able to produce the contractual agreement between Vendor and client and so my job was not treated as "Speciality occupation".

Also, my LCA was for a different state but I was working in a different state. I changed my LCA recently(1 month) to the state in which I have been working.