H1B extension denied

[Prashantsharma2]

Hi ,

Can someone please give me some insight.

History:- 1st H1b Expired on 1st of March. H1B extension(Premium Processing)was filed/received by USCIS on 6th Feb.And then there was a query in
which they had requested some documents which my company responded to. On 8th April my company received a letter for dening the H1B extension.
Online still the case status says that 'case is received and pending'.

Reason for denial:-
- The client letter supporting the case said that the project would finish on "30th MAY 2009"
- The contract between the client and the prime vendor not provided

Options as suggested:-
- A client letter with the new extended date (6 months from today) along with contract between prime vendor and the client. use it to refile H1B extension
- Appeal for the denial and apply for B2 visa to stay in status

Questions:-
1) How many days do I have after the letter of denial is received by my company.
2) How many days do I have to refile.
3) If I am able to get a client letter for 6 months from today then should I file for extension dated for that 6 months or for 3 years.
4) If I appeal for the denial and apply for B2 Visa I will not be able to work
- But will I have to go out of the country and get the B2 stamped.
- If I am on B2(H1 case is under appeal) and then I get a project then can I support the appeal process or refile for the Extension
or will it be a fresh extension.

Thanks
Prashant

 

[JohnThomas82]

Hi ,

Can someone please give me some insight.

History:- 1st H1b Expired on 1st of March. H1B extension(Premium Processing)was filed/received by USCIS on 6th Feb.And then there was a query in
which they had requested some documents which my company responded to. On 8th April my company received a letter for dening the H1B extension.
Online still the case status says that 'case is received and pending'.

Reason for denial:-
- The client letter supporting the case said that the project would finish on "30th MAY 2009"
- The contract between the client and the prime vendor not provided

Options as suggested:-
- A client letter with the new extended date (6 months from today) along with contract between prime vendor and the client. use it to refile H1B extension
- Appeal for the denial and apply for B2 visa to stay in status

Questions:-
1) How many days do I have after the letter of denial is received by my company.
-- once your I-94 has expired and USCIS denied the pending petition, you are in unlawful stay from day one. The clock doesn't stop and ramifications can be quite severe if the unlawful stay > 180 days.
2) How many days do I have to refile.
-- Technically, you cannot refile because H-1B denials cannot be appealed in most circumstances. Your company lawyer will have to check the denial notice to see if H-1B has provided an exception, "this decision can be appealed"
3) If I am able to get a client letter for 6 months from today then should I file for extension dated for that 6 months or for 3 years.
-- your company will file for extension based on how long they would like to employ on H-1B
4) If I appeal for the denial and apply for B2 Visa I will not be able to work
- But will I have to go out of the country and get the B2 stamped.
- If I am on B2(H1 case is under appeal) and then I get a project then can I support the appeal process or refile for the Extension
or will it be a fresh extension.
-- there is a likelihood that B2 visa is rejected at the consulate in cases such as this one. Consular officers are experienced enough to know the background of the case
-- You cannot "work" on B2 for any remuneration except in limited cirucumstances, very limited.
Thanks
Prashant

Please see above. The important thing is that your company must act swiftly as you have started unlawful stay. They can request for NPT (Nunc Pro Tunc) relief and you can pray god that USCIS forgives the mistakes associated with the denied filing. Also, for faster adjudication, your company has to opt for premium processing (I-907). Good luck.