Options After H1b Extension Denied, . 😞 So currently I am out of status from date of denial. Petitioners may also use this form to request an extension of stay in or change of status to E-1, E-2, E-3, H-1B1 or TN, or H1B denied options. My I-94 expires in 2 days (05/10/2019). What should I do if my H1B extension is denied? H1B Extension Denied You can stay in the US because the extension is for the future time period and your current H1B approval is still valid. If your H1B The following information addresses common questions by individuals in H-1B nonimmigrant status, particularly related to applying for lawful permanent resident (LPR) status, job changes or terminations, international travel, and dependent family members. In this article we will discuss common reasons behind PERM denial and options if your PERM was denied. My H1B extension is currently pending, and my I-94 is about to expire. H1B transfer denied? Don't panic. I have an RFE (Request for evidence) We have provided more documents to USCIS to get my application going. Don't fall victim to H-1B visa denial. , one typically could have another H1B petition filed on one’s behalf for consular notification. Your denial or revocation notice will include information about which form to use to file your appeal. Navigating H-1B and PERM Challenges: Options After PERM Denial and 7th Year Extension Queries My current employer informed me at the end of January 2025 that my position no longer fits the company's restructuring plan and that I will be laid off on March 14th, 2025. Extension denial does not invalidate your current H1B. How many days do I have after denial status upd If my H1B extension is denied after my I-94 expires, will I have 30-60 days to leave the country or change my status to H-4/F-1? Answer There is no grace period after an H1B extension denial if the I-94 of the previous H1B has expired. My Employer is trying to refile within these 2 days. Complete details on H1B 240 days rule related to Extensions. Client is interested in converting me full time. Can he also apply for H1B extension while the other one continues? Immigration Asked in Cary, NC| May 8, 2019 | 2 answers There is no extension to this deadline. I have been working for Company A for about 3 years and my employer had filed an extension which got denied recently. Know what to do if your H-1B is denied, stages where your H-1B application can get rejected, tips on how to avoid an H-1B visa denial. But USCIS denied my wife's H-4 extension stating that " You ap Hi, My H1B extension got denied today and yet to receive the denial letter. Later I have changed my employers and applied for H1b extension multiple times and successfully got approved. This is so ridiculous because it doesn’t provide any cushioning to those selected in the subsequent rounds of the H1B lottery - the entire purpose of the Cap-Gap Extension. Learn your options if your H-1B visa and status adjustment are denied, including appeals, reapplication, and alternative visa pathways. My I-97 is valid till 9/24/2020. She heard back yesterday from USCIS that her extension application was denied, on grounds of insufficient documentation of specialty occupation work, and is naturally incredibly distraught. The normal time that is normally considered okay to leave US is The H-1B program allows companies and other employers in the United States to temporarily employ foreign workers in occupations that require the theoretical and practical application of a body of highly specialized knowledge and a bachelor’s degree or higher in the specific specialty, or its equivalent. H1B transfer can start working on receipt with no 240 day limit. File H1B transfer or H4, F1 COS to stay in US before the denial. An H1B extension denial normally would have no impact on an approved I-140. Hi, After 13+ years. Unlawful presence starts on denial after i94 expiry. H1B extension denial and rejection rate for FY 2018, 2017 and previous years. I am still waiting for the denial notice. What options do I have to regain valid work authorization and stay compliant Case Description: My H-1B visa extension was filed on August 25, 2025, very close to the expiration of my current H-1B status on September 12, 2025. I recently filed my h1b extension and it got denied on speciality occupation grounds. Learn about typical reasons why an I-129 petition is denied, and the potential options available for foreign workers if their petition is denied. Every case is different, but time is critical. In that case, the individual typically begins to accrue unlawful presence from the date of the denial. The 240-day provision only applies to work authorization when it is an H1B extension with the same employer. My Cap-gap extension was not even for a week. Go back to old employer if H1B valid. A. File again. My company denied to sponsor my H1b extension right before it expires. However, an extra 3 days is provided when your decision is mailed to you (33 days in the case of denial and 18 days in the case of revocation). What are my options? Some context: I have been working at this firm for 2 months short of 4 years and got my H1b in my first year. legally. Refiling has better chance of approval than MTR. Due to some issues with my Employer A I transferred to another Employer B and got H1B approval for an year. In over 90% of the cases we file, the government reverses itself within 2-4 months. Court case should be last option. I have approved I-140. Get F1 OPT or CPT. Fuck, am I overthinking this? My H1B denial is dated Nov 20, the cap-gap extension is only valid till Sep 30. Whe My employer applied for my H1b visa in 2008 April under Masters Cap Quota and got approved effective Oct 2008. Hopefully, this article explained everything properly for you. Extension of Stay or Change of StatusGenerally, certain nonimmigrants present in the United States admitted for a specified period of time, or their pe Learn ALL you need to know about H-1B visa extensions and renewals, including eligibility, timelines, processing times, fees, and the 240-day rule. Q. The motion or appeal can be used as a basis for further H1B extensions while the motion or appeal is pending. This article discusses the 9 common reasons for H-1B denials, what to do if your application is denied, and your options for responding to an H-1B denial. 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. Wondering what happens after H1B visa denial? Get expert advice on appealing and strengthening your case. Appeal H1B denial decision within 33 days. An H1B denied status can feel like a major setback, but understanding your options, such as filing an appeal, submitting a motion to reopen, or exploring alternative visa pathways, can help you move forward strategically. Unfortunately, you have zero days to leave US after the denial, if your i94 has already expired. H-1B Denial Based on Petitioning Employer's Failure to Meet Legal Requirements A petition for an H-1B visa or status is often denied or refused because the petitioner—that is, the employer sponsoring the foreign national for an H-1B visa—does not appear to be a real, established, operating U. Find out why your H-1B transfer may be denied and what steps you can take to respond. company with the capacity to hire and pay. this is my first h1b extension petition after my i 140 grot approved. There is a period of 60 days given after layoff for certain visas. Before getting a denial, I got a transfer initiated by another employer B and currently that is filed in premium. Hi. Staying informed, preparing documents, and consulting an immigration lawyer are crucial steps in Nov 16, 2025 · H-1B extension denied and I-94 expired. Click to find out! What are my options if my H1B extension gets denied? I am on H1B visa and is valid till 9/14/2020. We’ve helped them re-file successfully, shift to a new employer, or even change status (such as to B2, F1, or dependent visas) while staying compliant. Apr 10, 2024 · What Are My Options for Change of Status Visa Stamping If I Am Already in America? Guide to the H2B Visa H1B Transfer: How To Change Jobs on an H1B Visa Conclusion Having an H1B extension denied can be annoying, but you must know why it could happen and what to do in such a situation. Learn your options, understand the appeal process, and explore alternatives to stay in the U. My first H1 and I-94 have already expired. H4 stamping in Mexico, then apply H4 EAD. Can an H1B transfer be denied? Learn the 2026 approval/denial rates, common rejection reasons, and what to do if your transfer is denied. Read the blog to know your next steps. Learn about this H-1B grace period and misconceptions in our guide. Faced an H1B visa denial? Learn the reasons for denials and explore your appeal options to get your US work visa application back on track. Hi, My H1B Extension was denied after RFE response by USCIS on March 2nd. Facing an H-1B visa denial? Explore alternative pathways like Day 1 CPT programs to maintain your legal status and continue your career in the U. Planning on getting h1b extension after 6 years with i 140 approved? Read this in-depth article for all the info. You can fileH1B transfer but cannot stay in US as i94 has already expired and H1B extension has been denied. The sooner you act, the more options you preserve. It remains on the foreign worker’s visa history. In some instances, it is worthwhile – even necessary – to challenge a PERM denial. It expires this year in October and I asked my company to connect me to lawyers to complete the extension paperwork etc. is especially important when waiting to apply for permanent residence (or waiting to get your green card after applying). We review the H-1B Visa extension and renewal process Sorry to hear about your H1B denial. If your i94 has expired and the extension is denied, you should leave the US within 10-15 days. Where do I file an appeal? A. What are the chances of getting h1b visa extension rejected? What next options left for immigrants after H1B extension denied? If this year your H1B got rejected or you faced an H1B denial, you should consider these options to continue staying in theUSA on your F1 visa status. Does all that time count as being out of status? Answer If your H1B extension was timely filed prior to the expiration of your I-94, you should remain in a period of authorized stay as long as that extension petition is pending. If the H1B is denied after my I-94 expires, what are my options to stay in the U. It is also possible to refile an I-140 even after a denial. Learn common reasons, legal options, and how to protect your status. Jul 18, 2025 · H1B Extension Denied by Employer: What Are Your Options? Facing an H1B visa expiry without company support for extension means exploring alternatives like finding a new sponsor, changing visa status (e. my H1 extension got denied few days back and my I94 is also expired. The key problem after denial of an H-1B extension is that USCIS will interpret the time between the I-94 expiry date and the denial date of the H-1B extension as time that counts against the 180-day grace period provided by INA Section 245 (k). When nonimmigrant workers are laid off, they may not be aware of their options and, in some instances, may wrongly assume that they have no option but to leave the country within 60 days. Understanding the implications and actions available to you is critical in maintaining your long-term immigration objectives in the United States 🇺🇸. I talked to a couple of immigration attorneys and they told me that I am legally allowed to stay in the country since I The initial term for an H1B Visa is up to 3 years. I have bachelors degree in Electronics and Communications Engineering and 12 years of experience in IT. I also got my I-140 approved twice (one with current employer and other with previous employer). After the initial 3-year term, an H1B visa may be extended or renewed for one additional 3-year term for a maximum stay of 6 years in H1B visa status. A pending BALCA appeal allows the request for extension of H1B status. ? Maintaining legal status in the U. What are my options if my extension gets denied She has already submitted her PERM application, however her H1B expired end of Dec'23 and since then she has been in the process of filing for an extension. 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. My employer has filed for H1B visa renewal/extension. You might be living the American dream on your H1B visa but have found a new, better employer. What are the possible options for The general rule that allows for extensions beyond the six-year limitation in one-year increments requires the initial filing of an employment-based, permanent residence (“green card”) case at least 365 days prior to the start date requested in the H1B extension. An extension of H1B visa status is obtained the same way as the initial H1B visa, by filing Form I-129 Petition for Alien Worker with USCIS. Nov 18, 2025 · What Are Your Options If Your H-1B Is Denied – Beneficiaries can Fight Back Understanding I-290B Appeals and APA Litigation Receiving a denial notice for an H-1B petition can feel devastating for both the employer who invested in the process and the foreign professional whose career may suddenly be on hold. g. S. As for returning to the U. My I94 and current H1B were expired on Aug 2019 and I was working under the 240 day rule. Jul 27, 2025 · Many people come to us after an H1B transfer denial. Overturn an arbitrary H1B denial with an appeal by filing a Federal Lawsuit. You should wait for result outside US and come back once the H1B petition is approved. You might be wondering what the chances are of your H1B transfer being denied? Or maybe you've already received your denial, and now you're wondering what to do next. I got the update from USCIS case status. Impact on H1B visa applications, processing changes, and strategic guidance for applicants and employers. The “cap-gap” period starts when an F-1 student’s status and employment authorization expires and, unless terminated, ends on April 1 of the fiscal year for which the H-1B status is being requested or until the validity start date of the approved petition, whichever is earlier. When does it start, what does regulation say, what if denied ? common FAQs answered. What Happens If My H1B Petition is Denied After the Grace Period? Experiencing a denial of your H1B petition after the 60-day grace period can be troubling. 1. Unlawful presence counted if appeal denied. A PERM application that is pending reconsideration or appeal is considered pending for purposes of obtaining extensions of H1B status beyond the six-year limit. Learn about the top denial reasons, H-1B rejection rates, and what to do if it happens to you. , Student, Tourist, Spouse visa), applying for a Green Card, or leaving and reapplying. Nov 7, 2025 · H1B Visa Extension Denied: What Are Your Options analysis for 2025. 5bsjd, sn44, txcx, 09ojc, j8ja, czqqbz, knu2, nxs4o8, 8wwsi, rfsuaf,