H1B extension refused

B

beachbong

New Member
I have been on H1B for 3 years. The H1B extension was refused last week and my I-94 expired in October. Thus, I was told that I am now out of status and would have to re-apply for a new H1B.

I have started that process but wanted to check the following:
  1. How many days do I have after the rejection to leave the country?
  2. If I stay for a month to wrap up my stuff is that a negative for the visa officer when I go for the new stamping?
  3. Do I have to wait for some time before going for the new H1B stamp again or it does not matter?
  4. What if I get the new I-94 while I am in US? I hope I dont get screwed due to that...
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    Thanks in advance
 
I have been on H1B for 3 years. The H1B extension was refused last week and my I-94 expired in October. Thus, I was told that I am now out of status and would have to re-apply for a new H1B.
------ You are out of status and count the out of status days from your I-94 expiry date. What is the reason for denial of H1 extension?
I have started that process but wanted to check the following:

1. How many days do I have after the rejection to leave the country?
----- You should leave in 10 days
2. If I stay for a month to wrap up my stuff is that a negative for the visa officer when I go for the new stamping?
------ You should not be out of status more than 180 days or 3 year bar starts, I would not stay and will try to leave US ASAP or file appeal of H1 extension if your employer or lawyer has new evidence
3. Do I have to wait for some time before going for the new H1B stamp again or it does not matter?
------ Better go ASAP
4. What if I get the new I-94 while I am in US? I hope I don’t get screwed due to that...
-------- How you can get new I-94 while in US with no H1 status or H1 extension? I don’t know any other way to get newI-94with out departing and entering with valid visa stamp, if you know please enlighten us
 
------ You are out of status and count the out of status days from your I-94 expiry date. What is the reason for denial of H1 extension?

** The employer was unable to show that the candidate is employed in a speciality occupation.

4. What if I get the new I-94 while I am in US? I hope I don’t get screwed due to that...

-------- How you can get new I-94 while in US with no H1 status or H1 extension? I don’t know any other way to get new I-94 with out departing and entering with valid visa stamp, if you know please enlighten us.

** Ok, I think I meant the I797. Please bear with me as I might be wrong. If I apply for a new H1B (w priority processing) through a different employer then an answer might come before I leave. I do understand that I still have to leave and get a stamp in India. I thought this would have been useful as I would know whether to pack everything or not :)

But leaving ASAP seems to be the safest bet. Thanks for the reply.
 
Last edited by a moderator:
-------- How you can get new I-94 while in US with no H1 status or H1 extension? I don’t know any other way to get new I-94 with out departing and entering with valid visa stamp, if you know please enlighten us.

** Ok, I think I meant the I797. Please bear with me as I might be wrong. If I apply for a new H1B (w priority processing) through a different employer then an answer might come before I leave.

---------- If the new employer applies Fresh New H1b for you with premium processing then your approval will not have any I-94 attached, go out get H1 visa stamp in passport and enter on H1b stamp, you can leave ASAP and can wait out side for H1 approval notice
I do understand that I still have to leave and get a stamp in India. I thought this would have been useful as I would know whether to pack everything or not
----- I hope that may work, but if your consulate is Chennai be prepared for lot of documents and take with you.
 
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