what should i do if my h1b extension is denied

[caiban1234]

My employer (a consulting company in NJ) has applied for my H1B extension 3 weeks before my first h1b expired.
My question is:
1. In case of my h1b extension is denied, what should I do? Can my employer change my visa to L1? Are there any other options that I can stay and work in USA?

2. My employer is also would like to sponsor Green card (EB2) for me. Should I wait for my H1b extension finished OR I should go ahead with Green card process.

Thanks.

[goomail]

You must leave US on or before the current I94 expiry date, if H1 extn is denied. Stay after the I94 expiry date will be considered as illegal.
GC is for future employment, there is no harm in starting the process if employer is ready to process.

[caiban1234]

My I94 was already expired (15 days ago) and my H1b extension is in process. My employer said i am still legal to work for them (even though my I94 was expired ) until i got approval or denial.

Is my employer telling the true?

[zapper]

Since your employer filed for your H1, you have a legal status till your H1B petition is approved or denied. You can work based on the receipt that your employer got after filing your extension.
Incase if its denied, you will have 30day/60day to go back.

[caiban1234]

Originally Posted by zapper

Since your employer filed for your H1, you have a legal status till your H1B petition is approved or denied. You can work based on the receipt that your employer got after filing your extension.
Incase if its denied, you will have 30day/60day to go back.

Thanks Zapper.

[caiban1234]

Originally Posted by goomail

You must leave US on or before the current I94 expiry date, if H1 extn is denied. Stay after the I94 expiry date will be considered as illegal.
GC is for future employment, there is no harm in starting the process if employer is ready to process.

Thanks Goomail.
If i go a head with GC processing and in case of my H1B extension get denied. Is my employer able to continue sponsoring my Green card even though i am not stay in USA at that time.

[fide_champ]

Originally Posted by zapper

Since your employer filed for your H1, you have a legal status till your H1B petition is approved or denied. You can work based on the receipt that your employer got after filing your extension.
Incase if its denied, you will have 30day/60day to go back.

Actually, there is no grace period if H1 is denied. The person will have to leave the country immediately or else could get into further trouble.

[goomail]

zapper/caiban1234,
Please note that there is NO grace period to stay in US if the extension is denied and the I94 is already expired. If the extension is denied, ALL days after the I94 expiry counts towards illegal stay. It will cause problems for future visa/GC processing.

Your employer can continue the GC processing, even if the H1 extn gets denied. It's upto the employer to make that decision.

[goomail]

To answer you earlier question - Yes, your stay is valid as long the extn was submitted to USCIS before the current I94 expiry. Your stay is valid upto when the decision is made on the extn request.

[dow15018]

Staying after the visas extension has been denied is considered illegal. But it is not that you have to leave the country immediately. A period of around 30 to 60 days is provided to make necessary adjustments depending on the immigration rule of that country. But if you stay longer then it is considered illegal.