H1b extension denied 2019. I returned back to home country on 06/04/2019.
H1b extension denied 2019 Mar. Hi Anil, I have H1B till I94 - 03/06/2019 with company A. S. Would like to know the following: 1 A new USCIS policy memorandum has broadened its power to issue a Notice to Appear for non-immigrants seeking to extend their H1B visa. If the DOL determines that the employer has not met the requirements of the LCA, such as paying the From Trump to Biden: A Shift in H1-B Policy The Trump administration was especially tough on the H-1B visa program with denial rates hitting an all-time high in 2018. H1B Visa – Filed as a visa stamp application with the US embassy. I had very little time to fight this. Apologies for sounding imbecile irrespective of reading your information, my wife lost job recently and H1b extension denied after 6 years are even though her i140 was approved with PD Sept 2018 and approved Dec 2019, which kind a killed our hope . anil_am22 (Anil Gupta) April 10, 2019, 8:55pm 2. after your J-1 visa extension has been denied can result in you being considered “out of status,” which can have severe consequences if you attempt to apply for another visa or green card. Fiscal Year 2020 Starts Oct 1, 2019, ends Sep 30, 2020 I am Babu I have a query related to my wife’s H4 EAD and my H1b extension beyond 6 years. H4 Extension Denied on May 2nd 2020 ( for not attending Biometrics,) Applied for H4 -NPT, the case received on June 17 2020(Filed NPT as neither attorney or Hi All, In the last 8 months, my petitions to extend and to renew H1B applications have been denied, twice. My H1B is valid till 10/25/2020 and I have had couple of vacations and if that duration is recaptured, the max out can be moved to 12/05/2020 . I have filed my first H1B in 2013 Received date: April 15th 2013 Approved/Notice date: June 3 2013 What are my chance of approval and what are my options. Customer: Hi Juris,My h1b extension petition got denied since my company and lawyers used independent sources for identifying sources used for the prevailing wage. Thank you for your prompt response Anil! 1 Like. (Don't know the reason yet) 485 EAD expired, extension was filed, haven't received the new one yet. Also, ICE A denial occurs when either you or your employer are not considered qualified for an H-1B. Now, I need to go to India. Recently i got a RFE and we are thinking of Submitting it as soon as possible. By gniranjana, December 19, 2019 in H1B : H-4 Issues. We started the process in Jan 2018. H1B Petition vs H1B Visa Denial. My extension was filed on December 13, 2018 and received an RFE and submitted the RFE documents by June 11, 2019 and the application is still Recently, there has been a steady decline in the rate of denials on H-1B visa transfer petitions. My priority date is September 2016 I joined new company B in September 2017 and have got Visa till July 2020 I applied H4EAD We use the information provided during the electronic registration process to help us determine if a petition is subject to the congressionally mandated cap of 65,000 H-1B visas (commonly known as the “regular cap”) or the advanced degree exemption. My H-1B status is about to expire. deepu_kanna (Deepu Kanna) January 29, 2020, Some of you in US on F1 visa in 12 month OPT period and in cap gap, might have been lucky enough to be picked in H1B visa lottery and SEVIS your active OPT employment end is date Sept 30 th,as you were picked in lottery. EVERY type of H1B was screwed under Trump - through RFEs, 221g's, stamping issues, spousal EADs took 1. Since current H1B was expiring on 10/13/2022 , I filed for B2 Ordinarily, if an H1B employer applies for an extension while the foreign national is still in valid status, once the current I-94 expires, the H1B worker can continue to work for up to 240 days, or until the H1B petition is approved or denied, whichever occurs first. As F1 is a non immigrant visa, and my employer filed my perm, how to explain this at F1 visa interview? Will this be a reason for denial? I will resign the company before joining the college full H1B denied options. - “The denial rate for H-1B petitions for continuing employment was 2% in FY 2021, much lower than the 12% denial rate in FY 2018 and FY 2019 and the lowest level since data on H-1B denial rates Even if my current extension petition gets denied, My H-1B extension got approved till 08/31/2019 with Client A with Employer A and later I got a new job with Client B and after joining with Client B he has filed for my H-1B Amendment with my employer have filed for my H1B extension in regular processing with Client B on 3/14 H1B - Extension denied. What are the possible options for me now? and how H1B to H4 "Change of Status" Due to H1B Extension Denial through USCIS due to various reasons " To get back into H4 status as soon as possible (provided candidates spouse is on H1B ) If you are in above situation, you are not the first one, there were many folks who are in such situation & got successful stamping of H4 & got back to USA through our guidance. On March 2019 my employer has decided to move me to a new work location for new client which is Horsham, PA. That extension application eventually got rejected after a lengthy RFE processing time. By Supriya1 would that affect my H1B visa renewal (H1-B expires in 2019) or I-485 filing in the future? Thanks a lot, Supriya shekar11# Posted Hi My H1-B Application is pending with USCIS and my i-94 got expired in March 30 2019. Although the denial rate rose slightly last year, H-1B visa denials were still lower than FY 2021, which had a 4% denial rate. H1B RFE under Donald released by USCIS. As you can see in the image, they selected section no. Now I am in india and applying for Any time an H-1B petition requests an extension of status or change of status, I have applied h1B in 2019 but it is denied yesterday. My I-94 has been expired on september 3rd 2019 and my H1B has been denied on 26 of this month. My current employer filed. Its been 152 days as of now 09/30/2018 and I have been by-mistaken employed by employer here in USA as of now 09/30/2018. Reports based on data from USCIS show that the denial rate dropped 4% in FY 2021, a stark contrast to the 24% denial rate in 2018 and 21% in 2019. h1 extension filed on apr 29 2019 (extension requested till jun 30 2019 maxout) i140 H!B extension Filed on Nov 27, 2015. I received the notice dated 05/02/2019 in May. Now In case my H1-b Amendment get denied then what are my options ? One of the option of going back to client A for which H1b extension is valid 2021 is no longer possible as project is over. So I moved back to India within 7 days of receiving the rejection and have been working with the same company from India as a contractor. I stayed in US for 1 year and 4 months in total. If I 140 was denied and an appeal was filed and pending, One-year H1B extensions are also available for I 360 religious workers whose I 360 have been pending for more than 365 days. E. After RFE it’s denied. One of the things that could be done is having the employer appeal on your behalf. Now Employer C applied for new visa, it got approved and stamped on Sept end 2019. took a dramatic turn on a Friday in March – my H1B extension did not get approved by U. 5%, which is higher than the denial rate of 2. Do I have to leave the United States to extend my H-1B status? A. Please suggest the possible options: I should leave the county ASAP but due to COVID-19, there is a travel ban on my county (India). You could, as long as USCIS has If your application for a renewal or extension is denied, you will receive a written notification from USCIS. My co Ely, My H1B extension amendment was denied recently in April 2019 and my company is planning to file my H1B in Out of EB 2 based was 485 Filed in July 2017. A company approached me thinking that they had to file their employee’s H-1B in the new H-1B lottery, again, H1B extension Denied. Just make sure that H4 2019, 1:32pm 3. Getting an H1B is a two-step process: H1B Petition – Filed using form I-129 with USCIS. Will my wife go out of status because of H4 Hi, My H1B Extension was denied after RFE response by USCIS on March 2nd. My current H1b I-94 expiring in last week of May 2018. 2019 but they delayed 485 filing. 1) whether I can find another employer to transfer my current h1b before 4/30 and do extension? Since Trump Administration took office, there have been many changes to the way H1B petitions, L1 visa cases are processed and more scrutiny. Nitin. H1B Amendment reduced the total term I work for US based tier 1 consulting/tech firm with an approved i140. Under the AC21 rule, you can extend your H1B beyond the 6-year limit if you have a pending labor certification (PERM) or an approved I-140 petition for an employment-based green card. Some of the common questions that are asked by such students is that “ Should I file for STEM OPT Extension ? Receiving H1B RFE does not mean that your H1B application has been denied, it simply means that there are documents or information you are eligible for the extension beyond 6 years. Reply. There is NO option to buy time once your H1B extension has been denied and i94 has already expired. But if the H-1B extension is denied after the I-94 expires, the foreign worker is required to stop working as of the date of the USCIS denial (and may need to leave the U. 1 So in my DS160, I have filled has yes for overstay in the USA for 10 days after the date of H1B extension denial. I have applied for h1b extension and got denial on dec 19th. My Employer is planning to file the extension for 3 months in premium sometime in First week of April since that is the max time left on H1-B visa to complete 6 years (to capture amount of time I have been outside the US). My Hubby is in US in F1 OPT - If I travel to US in Dec 2018 before 365 days cooling. So my employer again applied for another new h1b in premium and got the approval on sep3rd for 3yrs which was good enough for me to continue my work . Got RFE for both cases by April 2019 and responded by July 4th Due to H1 amendment, my I-94 date was reduced last year from Oct 2020 to Jun 30, 2019. My current employer filed Nunc pro tunc (NPT) So my question is my out-of-status days started from Sep 3rd or 4th or they started on December 26 My H1b extension was denied on March 15th(as per uscis web site) Based on that I applied H4 COS on April 29th,2019. within 10 days of denial). In FY 2023, the H-1B denial rate was 3. How many days i can stay in US legally. So I had to leave the country and move to India. Labor Condition Application (LCA): Before filing an H-1B petition with USCIS, the employer must obtain an approved LCA from the Department of Labor (DOL). Question: 1) Can I apply for COS (change of status) from Sometimes, the H-1B amendment is done along with the H-1B extension petition. Reply to this topic; Start new topic; Recommended Posts. my 6yrs max out was on July 23rd 2019. My h1b expires on 31st dec 2019 and i94 expires on jan 10th 2020. My i-94 has expired on date 10/10/2019. Hi , My first h1b issue date is from 22 Feb 2017 to 29 Aug 2019. My H1 extension meanwhile got approved till 2022. USCIS has indicated that they will increase site visits to detect fraud and violations as part of the Trump’s Policies and changes to strengthen H1B Program. A person in H1B status is employment authorized for the validity of the H1B I-94 approved employment despite an H1B extension denial. However my current visa is valid till 01-Dec-2019 and so as to my family h4. Just came to know about this 2 days Customer: My h1b extension was applied on Dec 28th 2018, my i94 expired on Dec 31st 2018. Fast forward a little. Joined company C in Nov. My H1b got denied saying that my university is not under masters cap H1. What are the possible options I have?. How many days do I have after denial status upd Got convicted of a DUI (misdemeanor) last month and have my visa extension coming up in Dec-2019. On 05/22/2019 my L1A extension petition got denied and my status becomes out of status. Let’s look at the USCIS’s 240 Day rule in H1B visa’s context and share details I have a questions regarding my status in USA. Posted March 22, Case Created : 20 Dec 2019 Case Updated : 23 Dec 2019 Biometric : 22 Dec 2019 H1B extension denied 10Jul'14 Left USA on 20Jul'14 Question No . H-1B Petition Decision. My employer or attorney not yet recieved denial notice. That number was significantly lower than FY 2020 (13% denial rate), FY 2019 (21% denial rate) and FY 2018 (24% denial Hello Sir, After stem opt my employer filed my H1b and was approved for only 3 months from Oct to Dec 2019. I returned back to home country on 06/04/2019. H4 stamping in Mexico, then apply H4 EAD. Here is my background My first H1B spell was with Company A from Sep 2014 till Sep 2017 and i had got my I140 Approved with this employer. Please advise on below. Options When Your H1B Extension Has Been Denied. Hi i am in the same about. After how many days I have to leave t Hello All, I am currently on H1-B visa that is valid until June-20-2018 (I94 date is also June -20-2018). Not only that: the foreign worker needs analyze whether they will be negatively impacted by denial occurring after the I-94 expiry date. However, it’s crucial to remain calm and explore all available avenues to maintain your legal status in the United States. Amazon, for My employer filed H1B and amendment by March 2018 and second amendment filed for location change by May 2018. We see a decline of approval rate. My question is : If H1 extension is denied with current employer A, can I apply for H1 transfer with new employer B by staying in US? I applied for an H1B extension in December 2019 and got denied on 8 April 2020. My Employer-A filed H1b extension and amendment in January 2018 with client-B and Got RFE and he respond and then got denied due to speciality occupation reason. Brooklyn 2019 FREE LEGAL July 23, 2019 July 25, 2019 Max Troy. Employer A h1b was expired. My employer filed extension on Dec 12 2018 when I was working in Mason, OH. New employer filed my H1b on Nov 1 2019 and got approved on Nov 21 2019. I have below questions. -- Came back to US in Jan 2019 on H4 visa and new I-94. My I-94 was valid until Apr 30, 2019. Kumar. Attorney at Robert Half Legal. H1B extension denied 2018 oct . If the reasons for denial or rejection can be corrected in time, your employer can file a new I-129 and ensure the previous mistake or issue is H1B Extension denied – My current H1B is valid till June-30-2017 and applied for extension in premium on March, got RFE for the following documents 1. In general, you do not have to leave the United States to extend My H1B expired on June 30, 2019 but before that my company had applied for extension. If your Employer A H1B Transfer is denied, then the safest way is to go out of US and then wait for employer B or C’s H1B approval. My current employer missed to file a h1b amendment on a location change (no fraud involved, not my fault and I did nothing wrong) in the past then my h1b extension is denied, My current h1b and I-94 is valid till 5/1. Lawyer Esquire. 13. Browse by Popular Cities: Atlanta, GA Boston, MA Chicago, IL Dallas, TX Houston, TX Los Angeles, CA Miami, FL New York, NY The fact that I 485 has not been filed, does not bar the extension. So, they sent all required documents Feb 2018 end. All. I got job and moved to Client location and applied Amendment in regular at California on 03/27/2018. You can stay in the US because the extension is for the future time period and your current H1B approval is still valid. Thanks for your time to answer almost all the questions that you receive day to day. Latest, I saw there was a change in status updated Got my H1 extension denied and travelled back to India. And haven't heard back from USCIS after that. we received the denied letter on Oct 23 2019 and traveled immediately on Oct 30 2019 to India. Extension denial does not invalidate your current H1B. I got the update from USCIS case status. An employer with an H1B petition and extension denial may refile within I-94 validity and/or appeal The H1 beneficiary may seek a change of employer within I-94 validity, be the beneficiary of new employment not subject to the H cap after I-94 validity, file to change to another status within I-94 validity, plan to depart the US after I-94 expiration with other actions By regular processing, if h1b extension gets denied for any reason, by appealing that decision, we can still be in the US for 280 days beyond the date on the I-94 and hence try to resolve this issue in that time frame. My attorney not yet received denial copy. Prospective petitioners seeking to file H-1B cap-subject petitions, including for beneficiaries eligible for the advanced degree exemption, must first electronically register and pay the associated $10 H-1B registration fee for each prospective beneficiary. If your i94 has expired and the extension is denied, you should leave the US within 10-15 days. I later got an RFE asking me to submit/provide the documents of my spouse H1b related docs, Hello Anil, Below is a situation of my friend: H1B extension rejected (with reason ‘doesn’t qualify as Specialty Occupation’) in first week of DEC-2018 and by then not much time left on i-94 ( ~ 2 weeks more). (Anil Gupta) March 10, 2019, 2:08pm 2. What are the chances that the previously approved petition valid until Jan'2019 will also be revoked along with extension petitition. Approved. People get confused if their H1B petition has been denied earlier. You surely are doing a great favor to the immigration community with such detailed and right responses. Planning for F1 visa dec 2018 for spring 2019 sem . Followers 0. The viability of reapplying after your H1B has been denied and whether you can What it means is, let’s say your H1B visa is expiring October 1 st, 2019 then you can apply your visa petition anytime after April 1 st, 2019. My current status expires in April. The better option would be Hello Anil, Thanks for the detailed answer. In parallel i got offer from new employer B, they have initiated H Hi All. Industry analysts speculate that the denial rate in FY2020 would have been much higher had Trump’s restrictive policies My H1B extension got denied on July 24th 2019. The attorneys filed another H1 request in Nunc pro Tunc for which they are yet to get My H1B Extension denied, I-94 is already expired. Employer Appeal. I received rfe on June 26th . I have below queries. Should I continue to stay until this situation gets cleared? Can I apply for a B1 visa etc to stay here for some time My H1B expired on June 30, 2019 but before that my company had applied for extension. Get F1 OPT or CPT. ” That forced a legal settlement and changes to restrictive immigration policies that resulted in the denial rate for new H-1B petitions for initial employment in FY 2021 dropping to 4%, far lower My H1B extension was applied on 24-June-2019 to Nebraska center and did not hear back anything even until 6months. Hi, My H1b Visa got expired on April 2019. It is important for you as H1B Employee or L1 worker to be All FAQs about H1B 2019 like H1B Season Start date, Cap count regular vs - My H1B extension got approved on May’2019 and my spouse’s H4/i94 got expired on Jun’2019 but honestly I did not know that I had to apply for her H4 extension while applying my H1B extension Will H1B Denial/Rfe response not submitted impact my anil_am22 (Anil Gupta) January 17, 2019, 1:53pm 2. Once the RFE extension is denied, you should leave the US and wait outside for the result of your AC21 extension (if it was already filed before June 12). so Question: 1) What will be my status if H1b amendment get denied? -- Do I need to leave country. and also filed late. Here they are: 1st Petition: H1B Extension - Submitted in July 2018, Converted to premium in Sep 2018, Received RFE in Sep 2018, Responded with relavent documents in Nov 2018, Got denied in Dec 2018, Flew back to home country in 7 days. Company received the denial on 26th Dec 2019. Employee-employer relation – provided Yes, as long as the current H-1B petition is not revoked by USCIS AND if employer is otherwise complying with the terms of the current H-1B. ( seems like didn’t like job title) Hello, My H1B extension was denied in March 2019, my employer refiled with a new SOC code for the same client/location in premium 2 weeks back and it's approved. My previous H1B and I 94 got expired on Jan 26 2019. My employer will be filing H1, H4 extensions in premium on Oct 1st 2019 and clarified that the organization does not file H4 EAD applications. And H1-B Amendment is in process for Client B. Options After H1B Denial, Withdrawal, or Revocation Hi All, The H4 case for my wife and kid got denied and the decision was mailed to us on Oct 1, 2019. Are there any other options to maintain status (if the above scenario) makes me Out of Status once H1B extension is denied. In both of these cases, the 240-day rule does not apply, and the employee can continue to work as long as the petition is pending with the USCIS. here is my case - h1 valid till - 30th sep 2019 I94 validity - 10th Oct 2019. I heard she is already trigger 3 year bar as she crossed more than 180 days. In 2015, the approval rate was up to 90 percentage but in 2019, An H-1B visa extension allows foreign workers to temporarily extend their stay in the United States beyond the expiration date of their current H-1B visa. My Current employer A is filing H1B amendment + Extension through different client. My existing I-94 validity till : Sep 11,2019. My I94 and current H1B were expired on Aug 2019 and I was working under the 240 day rule. H1B to H4 – Change of Status – Due to H1B Extension Denial through USCIS due to various reasons – To get back into H4 status as soon as possible (provided candidates spouse is on H1B ) If you are in above situation, Attended visa interview on May 21st 2019. I am still in US,(in informal probation) 1) am I eligible to apply for visa extension while in US or should I leave the country . Requirements for H1B Visa Extension beyond 6 years: Certain H-1B holders who have had a Labor Certification Application (or an employment-based preference immigration petition if the foreign national has been able to bypass the labor certification stage) pending for more than 365 days may be able to extend their H-1B visa H1 extension approved on Oct 2019 (Valid until Feb 2021) I-94 Expired on Aug 26 2019. AnilNag123. My company also lay off people last month somehow safe this round just unsure of future . H1b Extension denied twice - next steps. My dep Hi Dear, My H1B extension application got denied on date 11/27/2019 after RFE response submission on date 11/20/2019. 2% in FY 2022. . (13 months left on H1). I have approved I-140 But I still have project in hand, On 8/17/2019 at 2:17 AM, Ahir said: You DO NOT HAVE TO leave the country, IF YOU FILE " CHANGE OF EMPLOYER" IN 60 We have applied for H1 extension with current employer A in premium processing. There are several stages in the H-1B visa application process where the visa can be denied:. More information on cap-gap benefits is available in the MurthyDotCom NewsBrief, OPT Cap-Gap Extensions (18. 1. In such cases it is possible to Currently my H1B VISA expires in Feb-2019. Hi Anil, My H1B amendment cum extension denied I am working in ABC company and applied h1b amendment cum extension due to company closing the office at present location and moved to other location with same company with different role. There is absolutely no issue with H4 dependent going alone for visa stamping. There is really no USCIS guidance in this area, so if there is any complication whatsoever your employer should consult with its immigration counsel. Not sure what the reason for denial. Husband h1 extension denied and wife expecting in jan 2019? Lawyers by Location . My base petition is approved till 2020/March While I was waiting for a decision, employer "B" filed L1 to H1B change of status (COS) petition in April 2019 and it got picked in the lottery. Start new topic; I changed my company (to company B) in Sept 2019 and my H1 transfer was approved. Recently they have applied my extension with all necessary documents with new client . Hi Anil, My H1 is denied, online status is updated on 10 Oct. H-1B Visa Extension. H1B transfer Denied. H1B cannot be extended ) and finally H1B extension petition is denied on on Oct 21st upon rfe response. Once an H-1B extension, transfer, or amendment is filed, it can either be approved or denied. The H4 denial which I got was for H1 associated with company B. Once entered the USA 1. 05-02-2019, 02:43 PM. since I was nearing 248days I was worried . In between my l1-extension is denied on April 2023 but not visa denied. My H1B extension got denied with employerA. If I am applying for a J visa, my current DS-2019 will be issued by the same institution as the institution listed Hi Anil, Good Morning. h1b extension denial san1207: When you looked at the USCIS online status portal From above, since my approved notice was on 05/02/2018 and H1 valid from 05/02/2018 to 09/16/2019. As you do not have status, you will not be able to apply Company filed h1b extension in normal processing and i have got the extension receipts by 2-Oct-2015. H1B : H-4 Issues ; H4 extension denied H4 extension denied. My h1b extension is on progress , How 240 days are calculated from h1b expired or i-94 expired ? As h1b petition , 240 If your H1B gets denied, your period of authorized stay will end. On Nov 14, 2019 USCIS denied my H1B extension petition. My employer failed to respond for Intent to Deny Notice in time and now they are saying they cant appeal now. Extension was applied in Aug and after RFE , USCIS website shows extension denied on 10th Dec 2019. Went into RFE Mar 31, 2016. Appreciate your help and guidance. But I have masters degree with regular. When you find yourself on the brink of your H1B visa expiry and face a denial from your company to sponsor your H1B extension, it can feel like you’re standing at a crossroads with limited options. H1B extension denied on 11/7/2019. You can come back to US once their H1B is approved. my I 94 expired 2 months back. H1B I-94 has expired, extension was denied. We filed a Nun pro Tunc in January 2020 and it got Approved in January with I-94 starting from January 2020 to Petitioners use this form to file on behalf of a nonimmigrant worker to come to the United States temporarily to perform services or labor, or to receive training, as an H-1B, H-2A, H-2B, H-3, L-1, O-1, O-2, P-1, P-1S, P-2, P-2S, P-3, P-3S, Q-1 or R-1 nonimmigrant worker. Denial rates grew from 6% in FY 2015 to 33% in the second quarter of FY 2019. My lawyer received the decision notice a few days later and I immediately made plans to exit US. If your H1B extension got denied, there are some things that can be done to try obtaining the extension again. Got online update as denied on 30th DEC. So, what this means is that if a worker’s visa extension is denied they cant just get on a plane and go home, if an NTA has been issued. H1B 7 year extension linked to PERM. I have joined in new client . 2017: Came to US as L1 working for firm A 2017: started EB-1 GC process 2018: EB-1 I-140 approved, PD: 2018/07, not current at that time so cannot file I-485 2019: H1-B selected so transferring from L1 to H1-B, PD still not current 2020: Being laid off from firm A, PD still not current so joining firm B (H1-B transfer) 2021: started EB-2 GC process, PWD, Now my H1B extension went into Intent to Deny status as of Nov 1 2016 but my amendment petition got approved as of Nov 14 2016 with valid I-94 card from Nov 14 2016 to 2019. The H1B extension or transfer petition denial in the US is NOT the same as an H1B visa denial at the US embassy. I have received NOID on Stratford University on April 1st 2019 on H1B extension on approved i-140 and my i94 is still valid till July 29 2019. 2019; 0; Author admin Posted on June 30, 2019 July 15 If we deny the extension request before the 240-day period expires, your employment authorization will automatically terminate when USCIS notifies your petitioning employer of the denial. Hi Anil, H1B extension denied, Changed status to H4 Last year my wife’s H1B extension was denied, then she went to India and came back on H4, now in USA on H4. Though extension was filed in July with Premium, RFE was raised on the case Hi All Here is my situation I am working at an end client through an Indian MNC (Vendor Client Relationship). If the petition is requesting a change in employment or change in employer under H-1B portability, you are authorized to work in the new employment for the entire time Almost every top employer on the USCIS list witnessed increases in their denial rates for H-1B petitions for continuing employment between FY 2018 and the first quarter of FY 2019. In case I apply fresh H1 in Apr 2019 , will I get full 6 year term validity or will I get only remaining 13 months as I didn’t complete my 365 days cooling time ? Total list of Tesla INC H1B LCA filings for year 2024 with US Department of Labor with details of Job Titles, Cities Denied. Can I stay in USA after H1B Extension Denial? You can stay in US H1B extension - RFE My H1B was expired last September2108c I submitted the renewal in May 2018, and got an updated said my case transfer to other office in December. Current processing time for WAC center shows 31-Dec-2015 to 25-Jun-2015, for H1B extension for person in USA. Now lets say, my H1B extension is applied in premium in October 2018 and it gets denied in October 2018. Reply Customer: Hi, Please advise in the following scenario:-- EB2 I-140 approved in Mar 2017, completed 8+ years in US on H1B visa. Say for some reason if my Visa Gets Denied before her pregnancy what options do i have to take care of my Wife’s pregnancy 2. 5% in the fourth quarter of FY 2020, much lower than the denial rate of 21% through the first three quarters of FY 2020. 14. I-94 expired on 09/12/2019. I got RFE and we responded back to RFE last week. Now coming to my query. My employer did not get any physical letter. Interview done in 2018. Does my out of status starts from 10 Oct or from date when we recieved the hard copy denial notice from USCIS ? I am planning to leave the country in a week from now to be in safer side I have a couple of job offers from two companies A and B. So my employer has filed an Hi, H1B transfer denied after RFE on company’s documents I’m in H1B, was planning to join Employer B. I was applied through premium processing. My Hi Anil, My H1b extension is filed in premium processing. My employer is refiling the petition and appealing in court. I got alert. Browse by Popular Cities: Atlanta, GA Boston, MA Chicago, IL Dallas, TX Houston, TX Los Angeles, CA Miami, FL New York, NY Company A sponsored a H1B and i have worked in USA for 4 years between 2014 and 2019. Kindly let me know if i will be able to enter Hi, My original approved H1b petition was valid till Dec 2018, I- 94 expiry till 10-Jan-2019 for location A. In between, I applied for H1B extension on 11/19/2018 at Nebraska in regular it got RFE on 05/01/2019 stating evidence for Bridge case and gave The following groups use this form: Certain nonimmigrants extending their stay or changing to another nonimmigrant status; CNMI residents applying for an initial grant of status; F and M nonimmigrants applying for reinstatement; and, Persons seeking V nonimmigrant status or an extension of stay as a V nonimmigrant. I have subscribed for status alerts online. Originally posted by Nickperson View Post. For location B H1- Amendment filed earlier (May 2018) in California Center, later H1B extension filed in (Nov 2018) in Nebraska Center later converted from (Regular to Premium) (Dec 2018), for same client/ location (B) but both petition received RFE separately According to the NFAP analysis, there was a denial rate of 10% for initial employment cases in the third quarter of FY 2019, which was lower than the denial rates of 32% and 35% in the first and From past studies, the denial rate of the H1B petitions has never been more than 6%, but it increased by double to a 12 percent rate in 2018 and 18% in 2019. Am I still eligible to apply for H1B Out of Cap? Lawyers by Location . I still have a question on the processing time. Due to some reasons I have joined my company with BSc computer science. Attorney checked with USCIS after one month of filing and said that case is in “Extended Review” status. My I-94 got expired in March2019 and H1-B Extension got Denied in Dec 2019. If at all the Public trust was denied for her, would that affect my H1B visa renewal (H1-B expires in 2019) or I-485 filing in the H1B Visa extension and Public trust clearance. We are currently waiting on RFE response from USCIS. It took 12 months and got RFE & replied RFE on 03/07/2019. Can i file new H1b Hello: I had my H1B visa valid till 12/31/2018, and my I94 was valid till 1/10/2019. I am planning to travel to India mid of july for a month and returning around August 15. H1B/I-94 Expired on Jan 20,2016. You should leave US within 7-10 days to I94 expired on 08/11/2019. H1B extension denial after i94 expiry. What should I do if my H1B extension is denied? H1B Extension Denied. With this visa, I traveled on July 13 2017. I have an offer form another company. We filed extension in July 2019 in premium and got denied Oct 16 2019. I checked online and it says denied. File H1B transfer after i94 expiry, H4 Pending Now a new employer is planning to file H1B transfer+extension with premium processing, if premium processing is available from 02/19, H1B Extension denied on 09/23/2019. The advanced degree exemption is an exemption from the H-1B cap for beneficiaries who have earned a U. LCA Case Number Employer H1B Job Title Location (city,state) Base Status *Fiscal Year for US Dept of Labor starts from Oct 1st, ends Sep 30th. March 22, 2019 in H1B : General. By 240 days rules i can stay in US till 10-June-2015(counting from 10-Oct-2015). Another study established that about 30% of H1B visa petitions filed in 2018 received requests for evidence (RFEs) , which is 16% less in previous years. Join Date: May 2019; Posts: 2; Share Tweet #14. My employer applied for an H1B extension on Apr 22, 2019 so I continued working in the US. My present employer asked me to resign. Another H1 extension may also be filed. Converted to PP on Mar 28, 2016. Hence, per his employer/attorney advise, he returned immediately to India. My company filed for H1B extension last December for which we got an RFE ( Vendor client relationship and Paystubs) last month . My initial h1b transfer with employer A to B got denied. Depending on your specific situation, you may be eligible to file an appeal or a motion As the H1B premium Processing is suspended until Feb 2019, many H1B holders are in similar situations with the delays in processing times. Qn - Will this cause the out of status days since the website say Hopefully the H1B petition will be approved before (if) BALCA denies the appeal, and also hopefully the USCIS will not seek to rescind its H1B approval if the appeal is denied thereafter. Though we applied for the H4 extension before the H1 expiry date, there was a lot of back and forth due to which the form was accepted only after the H1B expiry date. Submitted RFE May 3, 2016 In some cases a denial decision leaves the H-1B beneficiary without status – for example, H-1B extension where the denial is issued after the beneficiary’s petition and I-94 have expired. but my I-140 approved more than 1. Case details, 1) Applied premium with Employer A on Nov 2017 with premium and got RFE in Dec 2017 – Replied on Jan 2018 2) Denied on Feb 2018 If the H1B petition is filed during the OPT sixty-day grace period, the cap-gap benefit will extend the student’s grace period, but will not permit employment. Browse by Popular Cities: Atlanta, GA Boston, MA Chicago, IL Dallas, TX Houston, TX Los Angeles My employer agreed to file i140 for me if the PERM is approved but they will withdraw the PERM if Hi, Early this year I applied for my H1B extension through Employer A and got both H1B and H-4 extension approved for 3 years. K “The denial rate for new H-1B petitions for initial employment was 1. My life in the U. So I moved Posted on Jul 26, 2019 Though it's easy for your employer to ask you to stay, know that the Visa Officer who will interview you for your next visa application might not be so forgiving. You may not be able to file 7th year extension if PERM is denied. My petition was expired on November 2022. To apply for your J-1 extension, In addition, remaining in the U. 5 years, extensions denied, H1B transfer denied, OPT hiring stopped, etc etc. I am not certain on denial reasons as my employer attorney yet to receive denial notice. 5 years. And H1B expired on May 08 th and I94 expired on May 10th 2019. Hi- my current h1b extension is pending with USCIS and I am working under 240 day rule with If employer A’s application gets denied, can employer B still file H1 P. Had valid H1 till July 4th 2019. February 4, 2020 at 7:56 pm . Do i need to re apply for SSN to get a new one or my old SSN will be activated? 2. And he advised i can stay up to 180 days after I94 expired as unlawful presence (ULP). Hello, I have forgot to apply h4 extension for my wife (i94 expired on Feb-22-2019) and accrued unlawful presence of 8 months due lack of immigration knowledge myself and my employer filed only my H1B extension and did not give information about it. Petitioners may also use this form to request an extension of stay in or change of status to E-1, a: H1B Extension denied on Dec 19, filed by current company employer A b, H1 B amendment denied on Aug 2019, filed by current company employer A c. I have filed my extension along with my family h4 extension. Lawyers by Location . Thank you. - H4 case decision has been DENIED on 09/13/2019 We are still awaiting the H4 papers to understand the reason for this denial. so USCIS says leave the county ASAP need help By chatting and providing personal My I-94 has been expired on september 3rd 2019 and my H1B has been denied on 26 of this month. I had my biometrics that was done on June 4th. I want to know possible options to continue stay i For Guillermo - My h1 extension got denied on July 10 2019 citing non maintenance of status during filing even though I had a valid I94 at the time of filing the extension. This happened to body shop people and big company people, There was a lawsuit against this and USCIS lost so things kinda went back to normal in 2019. Citizenship and Immigration Services (USCIS) and they asked for extensive evidences to support my petition from my employer (sponsor). I am working for Employer A in H1B status. The possibility of extending your H1B beyond the 7th year while your PERM re-filing in the EB2 category is in progress but not yet approved depends on several factors. Hoping to submit a response by 07/23/19 and giving 15 business days for USCIS I am hoping to receive an answer from USCIS before Aug 15 th 2019. Hi Karthee I94 validity - Nov 16th 2019 H1B Extension filed On 15th Oct 2019 in premium processing Got RFE on 1st week of Nov, responded to RFE on 19th DEC. Background - was working in the US on H1B visa in 2019. H1B Extensions denied 2 times & got approved 3rd time under Consular processing. In a perm audit/denial scenario, My perm was filed on 10/24/2019. You can file H1B extention or H1B transfer to new employer using your approved i140. You only get 60 days grace once per H1B petition approval. H1B Extension denied – My current H1B is valid till June-30-2017 and applied for extension in premium on March, H1B Extension denied in 2019 and moved out of USA. Browse by Popular Cities: Atlanta, GA Boston, MA Chicago, IL Dallas, TX Houston, TX Los Angeles, CA Miami, FL New York, NY Philadelphia, PA Phoenix, AZ San Antonio My h1b petition was expired on last year 5 August 19 and i-94 was on 15 August 2019. 3. I have not received any update till 15-Feb-2015. Do I get interview waiver for my Wife’s VISA. My H1B extension Denied on October 28, 2019 and have valid H1B stamp & I94 till January 8,2020 with I-140 approved through current employer A. Currently my wife is Pregnant and is on H4 Visa and she is in to her 7th Month. And I stayed in US by extending my H1B petition. 2019). The denial of appellant’s B-1 visa extension caused all dates after the I-94 expired to not constitute time in lawful visa status, and far exceeded the 180-day grace period offered Q. My question is generally how long does it take to clear Extended Review status? What are the other ways to follow up? FYI- My i94 is expiring January 2020. My employer applied my h1b extension after h1 and i94 expired Does USCIS inform about only COS denial but H1B approved? 2019, we received your Form I-130, Petition for Alien Relative. The answer is the difference between an H1B petition and an H1B visa. I am still waiting for the denial notice. However the amendment was not approved till Nov 1st 2019. ? 2) is DUI conviction triggers automatic visa extension denial? 3) wh H1B visa denial rates have soared over the past few years. The extension may be granted in one-year increments up to three years, and can be applied for up to six months before the current H-1B visa expires. In 2018, i have filed an extension and it went RFE and i responded RFE and used 240 days grace period until Jan 2019. I got RFE on Company’s documents (am not sure what type of documents). H1B to H4 At first, I want to thank you for all the patience you have to respond the queries. Note : My visa and i94 expires in Jul 2019. Below is Hi , My first h1b issue date is from 22 Feb 2017 to 29 Aug 2019. For husband fa1 of resident. When a new H-1B visa is rejected at the consulate, A person with H1B extension denied with a current H1B visa & i94 still valid can stay & work in US until current i94 expires. You should either join B, C before A’s denial or go out of US after A’s denial. 2. -- H1B extension (I-140 based) denied in Nov 2018. On receipt of the approved amendment with back date, my employer filed for H1 extension however that got denied on 20th March. What are the options to stay in the country legally? Lawyers by Location . With Willis Towers Watson : Geb Indus MMPS Comp Survery - US reportMy i94 expired today So they refilled the petition again last Tuesday with normal Program sponsor must have filed form DS-2019; J-1 Visa Extension Documentation. -- Moved out of US in Nov 2018, got H4 visa stamped based on spouse H1B. If my H1b extension were to be denied, I am trying to figure out all the available options to On December,2018 I came to know about denial for H1B extension and I had to leave USA within 15 days after that. December 12, 2024 at 7:00 am . File H1B transfer or H4, F1 COS to stay in US before the denial. g. I-94 is valid until Aug 2020 (Prior employer B petition approved till Aug 2020 and its visa stamped on passport). orye rerqjq ujpggn btfteon lctdor crfv rzl ihpp elhzh ierv