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H1B Extension Denied

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asked Apr 22, 2014 in H1B: Extensions by h1b1
My H1B extension has been denied. The message on the USCIS website states that my denial notice contains the reason for denial and options available to me. Please answer these questions:

1. Any possibility for my h1b extension petition can be re validated?

2. What will happen during 'Post decision Activity' stage?

3. Can my employer reapply for another H1B extension petition providing all documents from reasons mentioned in denial notice?

4 Answers

0 votes
answered Apr 22, 2014 by admin

I am very sorry to hear the bad news. There may be some options available to you, as the denial may put you out-of-status immediately. 

1) The denial may be reopened/appealed using form I-290B by filing with the USCIS, with information that may overcome the reasons for denial. However, the motion to reopen/appeal may take up to 1 year. Unless, you have solid evidence to back-up your case, there is no point. If there is good evidence, the response for Appeal may be under 1-2 months. 

2) Now, your Employer will receive a detailed notice explaining the grounds for denial 

3) Employer may IMMEDIATELY reapply for another extension, covering the items in denial (depends) It is important to note that the denial may have also directed you to leave the country as you may be out-of-status. Please note that if your previous H1B has expired, you may not be eligible to legally work. This is very sensitive and you MUST act quickly to avoid jeopardizing your career/status. Please provide more information for the following: 

  • Do you still have the previous H1B I-94 valid or expired? 
  • Do you know the reason for denial? 
  • Most likely they issued an RFE before denying the petition, do you have any information on what was requested in RFE? 
  • Do you have a valid H1B visa stamped on your passport?
0 votes
answered Apr 22, 2014 by h1b1
a) My previous H1B I94 has expired.

b) I do not know the reason for denial.

c) RFE was sent asking for SOW and manager's letter

d) My valid H1B visa stamped on my passport is now expired.
0 votes
answered Apr 22, 2014 by admin
Did they provide a Client letter while responding to RFE and would this be CSC (California Service Center)?
0 votes
answered Apr 6, 2017 by danielsmith2124 (284 points)
There are many reasons behind H1B Visa Rejection in USA you can find list of them at
http://www.optnation.com/blog/h1b-visa-rejection/

Please check all the reason in above blog and improve that reasons to stay away from H1B Visa in USA once you understand the reasons you can improve it to get successfully approved H1B Visa in USA.
commented May 11, 2017 by manju1985 (250 points)
Mine is a little different case here .

My H1b stamped Visa expiry date is till Sep 18th 2017 . I94 is valid till Sep 18th 2017.

I had applied for my H1b extension in March 2017 . Got an RFE asking for client letter and speciality occupation. After responding i got a denial notice when checked in Online on May 9th 2017.

1) Can i stay in US considering  my H1b stamped on my passport and my i94 .

2) can my employer file an extension again.

3) can i transfer my H1b  to other vendor for the same client .

4) if my end client agrees to sponsor H1b ,can i stay in US

5) if i apply for H1 transfer can i stay in US until i get the transfer decision.

Please help me to somehow stay in US and options for getting the approval. My marriage date is fixed on Nov 28th and am very tensed

If you are looking for a Project or an H1B Visa Transfer, with Immediate GC Process, please call us at (800) 693-8939 or h1btransfer@hireitpeople.com

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