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  #1 (permalink)  
Old 10-30-2009, 09:34 PM
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Default H1B extension denied

Hi,
My I797 and I94 expired on Sept 30 2009. I have applied for an H1B extension on Sept 26 2009 using premiuim processing.
H1B extension got denied on Oct 29, 2009 after we responded to an RFE on Oct 19.
RFE required me to provide Tax returns, company wage report and employment agreement.
Can any one suggest what are my available options.
How long I can stay in US?
My lawyer is still waiting for the denial letter for more details.

Thanks
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  #2 (permalink)  
Old 11-01-2009, 02:00 AM
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WaitingUnlimited is a splendid one to behold WaitingUnlimited is a splendid one to behold WaitingUnlimited is a splendid one to behold WaitingUnlimited is a splendid one to behold WaitingUnlimited is a splendid one to behold WaitingUnlimited is a splendid one to behold WaitingUnlimited is a splendid one to behold
Red face

You will have 10 days from day of the denial to leave the country unless you file for Motion to Reopen (MTR).

Did you try filing another H1b through another employer after the RFE?
If that is the case and if you have the LIN number then you may be able to continue working with your current client (if new employer and client etc are ok with it).

If you have all the documents to go for MTR then you can go for it. I am not an attorney but this is per my knowledge.

Good Luck

Last edited by WaitingUnlimited; 11-01-2009 at 02:31 AM.
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Old 11-01-2009, 12:00 PM
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Quote:
Originally Posted by me2381 View Post
Hi,
My I797 and I94 expired on Sept 30 2009. I have applied for an H1B extension on Sept 26 2009 using premiuim processing.
H1B extension got denied on Oct 29, 2009 after we responded to an RFE on Oct 19.
RFE required me to provide Tax returns, company wage report and employment agreement.
Can any one suggest what are my available options.
How long I can stay in US?
My lawyer is still waiting for the denial letter for more details.

Thanks
Apply for MTR it will give some time.
There is no grace period for stay. But any thing less then 180 of overstay is excused based upon your difficulties. But if you cross 180 days then you cannot enter US for three year. (Search for three year ban)
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