H1B Denied

5

5150

Registered Users (C)
Hello Fellas

Quick questions to all the gurus out here.

1. If your H1-B is denied what legal options do you have to stay in status?
2. Can you do a new application on the same breath with amendments of the denied application?
3. Can you file an appeal and a new application concurrently?
4. If USCIS determines that your job is not a speciality occupation can you change the job description to suit the situation?
5. Can OPT be extended when it only has a few days left?
 
5150 said:
Hello Fellas

Quick questions to all the gurus out here.

1. If your H1-B is denied what legal options do you have to stay in status?
2. Can you do a new application on the same breath with amendments of the denied application?
3. Can you file an appeal and a new application concurrently?
4. If USCIS determines that your job is not a speciality occupation can you change the job description to suit the situation?
5. Can OPT be extended when it only has a few days left?
Click to expand...
It depends on the reason given by USCIS for H1 denial.
 
I agree with ginnu. It depends the denial reason. If it is 221g it is enough if you reapply after you collect the documents which were missing. So analyze the reason for denial.

If the new H-1B is completely denied, you really need to consider whether you qualify for H-1B status. I'd recommend talking to an experienced immigration lawyer
 
You must log in or register to reply here.
Top