H1b Extension Denied But Valid I 94

The fee is the same as your initial H-1B Filing and. under L1 visa. Read 1 Answer from lawyers to I-94 valid but h1B Transfer (i-129) denied today- how long can I stay in the US? - New York Immigration Law Questions & Answers - Justia Ask a Lawyer. 5 years on US and got denied when filed for an extension. The reason for the denial was RFE for expired medical records. Use USCIS Form I-539. You mentioned that you applied for an H-1B extension. Hi All, This is sad day of my life. You need to ensure that your immigration documents (like I-20 for F1 students) that are tied to your status are valid too. While an I-129 petition for an extension of TN status is pending, individuals may continue to travel during the validity period of their current TN status as evidenced in their I-94 record. If approved, they will then resume their nonimmigrant status. As of right now, I have a new passport and a new I-797 approval notice. Downloads H1B/H4 Visa Templates. Travelling from US to India through Frankfurt on H1B visa with approved extension. If you don’t have valid visa stamping (expired visa), Then you need visa stamping to come back to usa, you can out of country to Mexico or canada or India & go to visa interview & get your stamping done, while coming back You get your i-94. H1B Denial in Amendment due to Location Change. ' started by Mm81, Jan 11, 2018. in H1B visa status is six years. They can then initiate the H1B transfer status, which could take several months. YOUR H-1B APPROVAL NOTICE Attached is your H-1B approval notice, Form I-797. Recently, my friend got into an unfortunate situation where his H1b extension petition was denied. H4 extension is with I-539, which requires a current status (ie. For example, you are in H-1B status and it is valid for a few more months. Photocopy of H1B’s bio passport page Photocopy of H1B’s visa page and/or change of status/ status extension approval notice Photocopy of H1B’s I-94 (front and back) or print out of I-94 of H1B’s last three months’ pay stubs and/or a letter from the H1B employer confirming Photocopy current employment. We sent the appeal and received the notice. * A valid passport (at least six months validity remaining) for each applicant. I work for big Indian consulting company for a client which is one of the biggest Bank in World. Also, if your extension petition is denied before 240 days, then your work. In order for you to legally work for your second employer, you would have to leave the US and reenter with the new I- 797 approval. My H1 is valid until. If your application for an extension of stay is approved, the approval will relate back to the date your Form I-94 expired, and your status while your application is pending will then be considered to have been lawful. LC Validity and H1B Extension. Hence, I am here for H4 stamping to have a valid status and to join back my family in the USA. It is possible in North Carolina State, check with your DMV. His employer had placed him at a third party client site for the project. Trying to avoid going out of the country and still maintain status. Conclusion:. Use USCIS Form I-539. Didn't got RFE or anything H1B transfer approved till 12/2017 but extension is denied. You need to ensure that your immigration documents (like I-20 for F1 students) that are tied to your status are valid too. Currently my I-94 expires in March 8th 2019. We sent the appeal and received the notice. This means your I-94 is no longer expired. Hello All I have recently changed employers. However, if one extension of stay petition is denied, the successive petitions will also be denied. to Canada or Mexico for less than 30 days. If the H1B is invalid, then no H4 can be tied to it. Although the I-94 number was on my wife and kids I-797 (H4) approval, they are my dependants. can i stay till 05/15 and can continue to work. If your application for an extension of stay is approved, the approval will relate back to the date your Form I-94 expired, and your status while your application is pending will then be considered to have been lawful. If your required passport is not valid at the time you submit Form I-539, you will be required to submit a written explanation along with Form I-539. Applying for a B1/B2 (Visitor’s) Visa Extension: Those visitors who wish to stay in the United States beyond the time allotted upon their entry or beyond the time indicated on their Form I-94 must apply to the United States Citizenship and Immigration Services (USCIS) to extend the visa. I am yet to receive the Denial letter to know my options. The OMB validity date changes periodically and an expired OMB date does not invalidate the. Consular Officer: Are you going to work in US?. When a particular candidate processes an H1B Extension under regular processing, it is expected that the USCIS would process the application within a two to three month period. If LSU did not file a petition for the person, they are not authorized to work at LSU as an H1B. 1) Is it possible to apply for H1 transfer (w/ I-94 extended without going to home country) to your company using present receipt notice while extension is in progress? or I have to wait for my extension approval to do H1 transfer (w/ I-94 extended)? A: We can process H1B Transfer with the Receipt Notice, using that as a Bridge. Coming to your # h1b-transfer denial, you are ‘OUT OF STATUS’ after the denial even if your i94 is still valid. Office, L-1 Consular Processing - Documents Needed,Previous Visa Denial and Application for L-1 Visa, Travel to the US. The duplicate copy should be marked in RED as "Duplicate Copy for KCC (Kentucky Consular Center). The Old H1B with EmployerA is Revoked (April 2019) and i94 is Valid till Aug 20 2019 - Does it effect anything. Get Email Updates; Contact Us; Comunicarse con Nosotros; Instagram; Flickr; Twitter; LinkedIn; YouTube; Email. Duration of Status (D/S) On the passport admission stamp or the paper I-94 card, the inspector writes either a date or "D/S" (duration of status). Your H1B extension is at risk of denial or is already denied and you want to stay legally in the US by enrolling in a University. All MEDICAL INSURANCE INSURER CODES were deleted from the Code Cards. Am a bit unclear about an option, I have been reading on the internet. A mix of further education + work experience The general H1B visa qualification rule is: For every 1 year of studies at University / College = 3 points For every 1 year of work experience = 1 point 12 points in 'total' are required to qualify for the H1B visa program Who Qualifies? 4. However my old visa stamp on my passport is still valid till 2010. 24-Month STEM OPT Extension. An H1B nonimmigrant employee is permitted to travel while an application for Extension of the H-1B Status is pending, provided they are traveling on an unexpired H¬I B nonimmigrant visa, except where exempt under the visa exemption regulations, and can show that they are returning to the U. So works for CTs , have been on h1b for 4. * A valid passport (at least six months validity remaining) for each applicant. Question: H1b change of employer approved. I am on H1B visa with an approved extension has valid I-797 but the H1B is. It clearly says Change of status on my I-797 notice and I have a valid I-94 attached with it. The I-94 will be backdated and adjusted to the date your previous I-94 expired. These codes are no longer valid on WMS. Failure to complete all the information on Form I-539 or to send all of the necessary supporting documents may result in your request for extension being delayed or denied. I have find a new employer who ihas agreed to file new premium processing petition in 10 days of time also, I do have my I-94 valid until 28 February 2018. Downloads H1B/H4 Visa Templates. Use USCIS Form I-539. But it is valid from dec 2018. Came back to US, changed to company B. However, we had applied for a Change of Status (H1 to H4 via I-539) on 20-Nov-2017 and it is still in progress. Hi , I received h1b extension denial on uscis website. I have an H1B petition valid till 2020 shown on form I-797B and same goes for my I-94 and my passport. I-94 is a place for U. For the same reason. However, since this would be a second or a subsequent extension, employer pays $325. Am currently awaiting for the official denial notice to get the details. Your H1B extension is at risk of denial or is already denied and you want to stay legally in the US by enrolling in a University. If your application for a change of status is approved, you will receive an approved I-797 Notice from the USCIS, along with a new I-94. Expired I 94 and filing for H1B extension. If your application is denied, you may be required to cease. * Re-entry US after visitor visa extension denial. My new employer has given me a !-797 H1B approval. Home / without the required forms will be denied. Use USCIS Form I-539. Now, I am planning to go to India for a week in June, 09. Employer is going to file for Motion to ReOpen or Motion to ReConsider. But the I-94 that I received when I came to the US, which I printed out from the CBP website, is valid for another two years. Am currently awaiting for the official denial notice to get the details. and return or file an extension of stay with USCIS. Currently my I-94 expires in March 8th 2019. You do not have to pay the SEVIS I-901 fee if you have already paid a SEVIS I-901 fee and you are applying for a motion to reopen or a motion to reconsider denied change of status application within 30 days of the date of denial. I filed for his B2 extension in June 2014. The Cap Gap Extension. Discussion in 'H-1B Holders in the U. An H1B nonimmigrant employee is permitted to travel while an application for Extension of the H-1B Status is pending, provided they are traveling on an unexpired H¬I B nonimmigrant visa, except where exempt under the visa exemption regulations, and can show that they are returning to the U. H1B Denial in Amendment due to Location Change. ,e 2nd of March as the extension. Office, L-1 Consular Processing - Documents Needed,Previous Visa Denial and Application for L-1 Visa, Travel to the US. The I-539 is likely to be denied on the basis that she had no status in US at the time of filing, furthering your problems. My Employer is planning file a new Petition as a first step and then file MTR after couple of weeks (before the deadline as it takes time) along with the new Client letter. how many more days I can live in US before I go out of status. I have an H1B petition valid till 2020 shown on form I-797B and same goes for my I-94 and my passport. I have a US visitor visa (B1/B2 visa) in my passport that is valid for 10 years. But to use your old petition, you will have to move back to your old LCA location (based on which H1B was approved and have a valid I-94). arriving via air or sea no longer need to complete paper Customs and Border Protection Form I-94 Arrival/Departure Record or Form I-94W Nonimmigrant Visa Waiver Arrival/Departure Record. In case of my H1B extension denial/rejection. If your application for extension of visa status is denied after your previously approved stay (I-94 Form) has expired and you are still in the United States, you will be considered "out of status" as of the date your original period of stay (I-94 Form) expired. It first went into rfe, and subsequently denied. Recently, my friend got into an unfortunate situation where his H1b extension petition was denied. Your H1B extension is at risk of denial or is already denied and you want to stay legally in the US by enrolling in a University. Photocopy of H1B’s bio passport page Photocopy of H1B’s visa page and/or change of status/ status extension approval notice Photocopy of H1B’s I-94 (front and back) or print out of I-94 of H1B’s last three months’ pay stubs and/or a letter from the H1B employer confirming Photocopy current employment. Consular Officer: why are u converting from H1 to H4. My question is, what are the possible ways for me to stay legal in US and keep my h1 status active ? Any suggestions are highly appreciated. I-94 Expired and Driver's License Renewal Posted By: Admin January 30, 2014 Those non-immigrants applying for Visa Extension would have to wait until the visa is approved and until the candidate receive the I-797 document in order to extend or renew an expired driver's license in case if your I-94 already expired. List all SEVIS IDs you have had as a F-1 student in the U. In this situation, the applicant is allowed to remain on F1 visa status for as long as the H1B status change application is not approved. Question: 1. an I-94 in a valid status that is not expired). a Normal Filing - So we get more time before next de. If your application for a change of status is approved, you will receive an approved I-797 Notice from the USCIS, along with a new I-94. Use the STEM Extension Reporting Requirement web form to submit your validation report. There is no restriction on filing new amendments or extensions or transfers. But the I-94 that I received when I came to the US, which I printed out from the CBP website, is valid for another two years. This process is called the automatic revalidation (as per revalidation of I-94 status). However, there is an exception for H4, H1, F1 visas, OPT students and some other non-immigrant visa holders to travel without needing a visa stamp on their passport. When submitting your STEM OPT Extension include the STEM/Cap-Gap Letter if a Cap-Gap appears on your OPT STEM I-20; If no Cap-Gap currently appears on your I-20, but your employer has filed for the H-1B include the STEM/H1B Letter; Update BIO as soon as possible regarding any Withdrawal or Denial of your H1-B petition. When foreign nationals would like to. So works for CTs , have been on h1b for 4. His employer had placed him at a third party client site for the project. List all SEVIS IDs you have had as a F-1 student in the U. I work for big Indian consulting company for a client which is one of the biggest Bank in World. Status denied along with H-1B for Day 1 CPT. It first went into rfe, and subsequently denied. arriving via air or sea no longer need to complete paper Customs and Border Protection Form I-94 Arrival/Departure Record or Form I-94W Nonimmigrant Visa Waiver Arrival/Departure Record. Filing MTR on denied H1 transfer, can I continue to work? file another H1, leave the country, get it stamped at a consulate and return with a valid I-94. The Old H1B with EmployerA is Revoked (April 2019) and i94 is Valid till Aug 20 2019 - Does it effect anything. The revision date on every page was changed to 4/94. While an I-129 petition for an extension of TN status is pending, individuals may continue to travel during the validity period of their current TN status as evidenced in their I-94 record. My company hasn't received the letter yet. My joining date with other employer is after 3 weeks. Do I have to file a separate extension for my wife and child's H-4 visa? Yes you do. Refer to the Automatic Revalidation Fact Sheet on the CBP website. If you file an H1B extension or transfer now requesting extension of your stay in US, it will be rejected as you filed it on the day when your status was "Out of status". Travelling from US to India through Frankfurt on H1B visa with approved extension. Eligibility. You can stay in the US until October 1 when your H1B status takes effect. Previous valid I-94 remains valid until you get a new i94 (which happens if you get Amendment approved). My L1B, H1B, H4, F1 Visa expired, but I-94 still valid, Can I stay in US Legally ? Yes, as long as you are maintaining your status and your I-94 is valid, your status in US is legal. 14205 SE 36th Street, Suite 310 Bellevue, WA 98006 [email protected] Forums H Visas Student Visas Green Cards Other Visas General Discussions More. The I-94 will be backdated and adjusted to the date your previous I-94 expired. how many more days I can live in US before I go out of status. H1B Amendment Denied, I94 valid, Extension filed and pending response Hi All, i am working in a client location A, for which my H1B petition is approved and valid untill April 2018. Therefore, if the applicant has already spent 4 years in the U. If the H1B Petition is approved without an I-94, which means that the USCIS did not approve either the change of status or the extension of status but only approved the H1B petition, then you must first exit the U. FAQ Series: H1B Transfer Rules and Guidelines. If your application is denied, you may be required to cease. can I apply both H1& H4 together, get biometric done and my dependent move out of country and continue working and full day-160 and get stamping done. So, as long as your H-1B is valid and your new employer is filing the transfer petition, your status shouldn’t be affected. You are laid off from your H1B job. Always keep in contact with your DSO and make sure your have valid I-20 and your status is maintained properly. 14205 SE 36th Street, Suite 310 Bellevue, WA 98006 [email protected] Extension of H-1B Denied? I-94. E-2 investors are entitled to a two-year I-94 per visit, which is why the individual will be given only a two-year I-94 even if he or she is in possession of a five-year visa stamp. I have a valid H1B visa which contains my previous petitioner's details. On 12/7/14, the initial, timely filed COS and H-1B are denied; the same employer then, on 1/11/15 files a second I-129 for COS and H-1B. Her employer reapplied. Make sure your employer gives you the Approval Notice. Your status after H1B transfer is denied but i94 still valid. H-1B Denied? What are the options? Denied under quota Cap Gap Expired. * Re-entry US after visitor visa extension denial. You don't have to do anything- you can continue working in the U. In that case, the individual typically begins to accrue unlawful presence from the date of the denial. My H1B extension petition is denied and I am trying to evaluate my options to continue my stay here as I cannot - Answered by a verified Immigration Lawyer We use cookies to give you the best possible experience on our website. H1b extension denied after 190 days of i94 expiration. H1B, L1, F1 Visa stamp in passport expired – I have to travel to home country like India. 65,000 H-1B visas were made available each fiscal year, out of which employers could apply through Labor Condition Applications. These individuals will be issued a pa-per I-94 with the pre-printed number crossed out, and the actual electronic I-94 number handwritten upon it. Not sure but also as per the new rule I read the application need to state the location of the employee for the entire duration of h1 b. I am currently on 7th year H1b & my I94 expiry date is 3/12. H4 extension is with I-539, which requires a current status (ie. List of requirements to qualify for STEM OPT Extension: Candidate must have F1 Visa Status. under L1, he/she will only get 2 year H1B, as opposed to 3 year + 3 year extension. A cap-gap extension is a special case that is granted to the people when their H1B status change application is pending. If a request to extend a visa, change the visa, or adjust the status from non-immigrant to immigrant is rejected, the I-94 record will also be denied. Therefore, if the applicant has already spent 4 years in the U. Hi , I received h1b extension denial on uscis website. on a valid H-1B visa and he presented his Form I-797, H-1B Approval Notice valid until March 10, 2014 and his newly extended passport, CBP would have issued him an I-94 valid until March 10, 2014. Options After H1b Extension Denied I 94 Valid. In order to get your H1B specialty occupation visa stamped, a list of documents must be submits which includes: * A completed and signed non-immigration visa application form (Form DS-156). The I-539 is likely to be denied on the basis that she had no status in US at the time of filing, furthering your problems. In order to get your H1B specialty occupation visa stamped, a list of documents must be submits which includes: * A completed and signed non-immigration visa application form (Form DS-156). There is no restriction on filing new amendments or extensions or transfers. My i-94 is valid till Oct 15,2018. H1B Transfer Denied - i94 still Valid. When a particular candidate processes an H1B Extension under regular processing, it is expected that the USCIS would process the application within a two to three month period. arriving via air or sea no longer need to complete paper Customs and Border Protection Form I-94 Arrival/Departure Record or Form I-94W Nonimmigrant Visa Waiver Arrival/Departure Record. We need the detail why your H4 extension was filed - This denial makes me out of status? Your I-94 is valid and it should be valid till your spouse had H1 status, I hope he has H1 status till 2005 and you got H4 status based on your husband H1, if you have valid I-94 till 2005 you are not out of status. If your application for an extension of stay is approved, the approval will relate back to the date your Form I-94 expired, and your status while your application is pending will then be considered to have been lawful. I resigned from Employer A on Jan 26, 2018. Make sure your employer gives you the Approval Notice. You want to stay back in the US and earn a degree by going back to college. how many more days I can live in US before I go out of status. 14) I am an H1B visa holder and my first 3 year duration is going to expire in a few months. • USCIS has made a final decision denying your extension application. Foreign visitors to the U. Am I still legally eligible to work? QUESTION: My H1B visa expired last week. It was denied because USCIS was not satisfied with the project details attached by his employer. H1B Visas H1B RFEs H1B Extensions H1B Amendment H4/EADs F1/OPT/CPT GC - PERM/I-140/I-485 TN Visas L1/L2 Visas E3 Visas Immigration News Outlook More. Came back to US, changed to company B. Can someone help on this. If an electronic I-94 was created for you at the time of arrival, CBP will obtain the information from the carrier and note your departure for their records. USCIS is making things difficult for # usa:h1b workers these days. My I-140 was approved and My H1 visa extension got denied. In order to have a valid status I got married on Feb 15th and got my H4 legally on March 20th, 09. The initial RFE was was. company with a capacity to hire, pay and provide. He also mentioned to me that having my case reopened, it will benefit me when I go back to the US consulate to try to get a new H1b visa to come back because that will prolong my denial since my case has been reopened and the previous denial is not valid anymore (even though they may still deny the extension part of it ultimately). F-1 Students under the cap gap extension may NOT travel outside of the U. Photocopy of H1B’s bio passport page Photocopy of H1B’s visa page and/or change of status/ status extension approval notice Photocopy of H1B’s I-94 (front and back) or print out of I-94 of H1B’s last three months’ pay stubs and/or a letter from the H1B employer confirming Photocopy current employment. Want to help for H1B Visa Stamping then US visa Stamping in Mexico provide Visa fee payment help even if you are going to any location in Mexico. My new employer has given me a !-797 H1B approval. But my previous I-94 has a validity upto September. His employer had placed him at a third party client site for the project. I resigned from Employer A on Jan 26, 2018. I am not sure yet why extension is denied. If you are denied, you will be sent a denial letter, along with your old I-94 (that you were supposed to send with the I-539 application), and you are given 30 days to leave the country (at least, that's what my denial letter stated). In order to stay in status, an H1B employee must continue working for his or her H1B employer while in the United States. can I apply both H1& H4 together, get biometric done and my dependent move out of country and continue working and full day-160 and get stamping done. If your application for an extension of stay is approved, the approval will relate back to the date your Form I-94 expired, and your status while your application is pending will then be considered to have been lawful. And i am guessing my EAD was not revoked. 14205 SE 36th Street, Suite 310 Bellevue, WA 98006 [email protected] , but at least you will still have your status. If USCIS wants to get more information, they will issue RFE. This was received as part of my I-797, but the I-94 number on this is missing. Getting denied at the US border, whether a land border or the airport, is often a traumatic experience. His employer had placed him at a third party client site for the project. We entered USA on 3rd Feb 2011, and we had a new I 797 petition which had a H1 extension until 2013, though we did not have a new visa stamp since it was valid until feb 25 and our lawyer said as long. But it is valid from dec 2018. The I-539 is likely to be denied on the basis that she had no status in US at the time of filing, furthering your problems. On 2/8/15, the untimely I-539 is denied because it was filed late. While an I-129 petition for an extension of TN status is pending, individuals may continue to travel during the validity period of their current TN status as evidenced in their I-94 record. must still be valid and not expired. My H1 extension has been denied today, 11/23/2011 while I have I-140 approved on 4/23/2011. * A valid passport (at least six months validity remaining) for each applicant. Hi, Please find below my scenario: Till Feb 02, 2018, I worked for Company A on my Second Extension which was approved until Dec 08, 2019. If you lose the job, you lose the status of H1-B even if you have a valid H1-B Visa or a valid I-94 card. , the employer sponsoring the H-1B visa does not appear to be a real, established, operating U. Get updated with the H1b/H4 extension details and carry the H1b and H4 extension petition Receipt notice or if fortunately approved before your departure, get the H1b approval notice copy itself for your travel records. But to use your old petition, you will have to move back to your old LCA location (based on which H1B was approved and have a valid I-94). In order to stay in status, an H1B employee must continue working for his or her H1B employer while in the United States. any prior criminal offense trigger the automatic denial of the I-601A waiver application, or must USCIS have reason to believe that the prior criminal offense would actually render the applicant inadmissible? There are some criminal offenses, such as certain petty offenses for example, that do not serve as a ground of inadmissibility under the. 3) All previously issued EADs, if applicable: o Pre-Completion o Post-Completion - current OPT EAD. must still be valid and not expired. Options after H1B Denied with Valid I94 Posted: 25 Feb 2018. My H1B along with I-94 expired on Nov 30th 2011. Hello All I have recently changed employers. A H4 visa is for a dependent of a H1B visa holder. My wife has a valid H1B petition and I-94 till Oct 2018 (H1B visa expired on Sep 2015). If USCIS wants to get more information, they will issue RFE. Am I still legally eligible to work? QUESTION: My H1B visa expired last week. H1B has a maximum period of 6 years, and this includes any time spent in the U. (I-797 A) Now my question is which will be my final status. The only way to extend his/her H1B will be to file for green card application soon. Is it H1B or H4 starting from Oct 1st. My new employer has given me a !-797 H1B approval. Consular Officer: why are u converting from H1 to H4. H1B visa to expire in July 2018 but have to enter and exit Canada before Sept 2018. How to Extend / Revalidate Your H1B Visa. Forums H Visas Student Visas Green Cards Other Visas General Discussions More. The I-94 will be backdated and adjusted to the date your previous I-94 expired. This means your I-94 is no longer expired. F-1 Students under the cap gap extension may NOT travel outside of the U. If not, what are the available options to consider. The USCIS may still approve the H1B Petition, but with Consular notification, i. to continue the previously approved H1B employment. This I-94 Form -- not your visa-- should tell you (in the lower right-hand corner) when you must leave the United States. You need to ensure that your immigration documents (like I-20 for F1 students) that are tied to your status are valid too. Important Notes for H1B Transfer Process: You must be employed in H1B status on the date that the H-1B Transfer petition is filed with USCIS. H4 extension is with I-539, which requires a current status (ie. I94 is basis of stay along with that I797. Please do check why was extension denied earlier and ensure you address that point when you apply this time. H1B transfer denied yesterday, I-94 valid till Nov 2016 For how long I can stay in US to find another job (with sponsership)? As I have a valid I-94 till November 2016, as per an Attorney I consulted said I can be here in US till I-94 expires but cannot work. The reason for the denial was RFE for expired medical records. I have changed my employer with valid I-797 and am back in India for a short trip. under L1, he/she will only get 2 year H1B, as opposed to 3 year + 3 year extension. Hi, Please find below my scenario: Till Feb 02, 2018, I worked for Company A on my Second Extension which was approved until Dec 08, 2019. Driver's License and State ID Information for Non-US Citizens. The H-1B status is temporary employment authorization for a nonimmigrant who performs services in a specialty occupation. H1 Denied, I-94 Valid. denied your extension of status, your work is not authorized under your second employer. If your application is not selected in the lottery, or is selected but then denied, you would lose your ability to remain in the US based on the H1B application, and would need to leave immediately. It also carries a 5-year ban on re-entry to the US. Now my question is as my i94 is valid till aug, 2020, can i apply for h1b extension in premium immediately and continue to work with the client B with the same employer as my i94 is still valid? any other options are available for me or i need to travel back to india?. if the petition for extension has not been filed 2. If your application for a change of status is approved, you will receive an approved I-797 Notice from the USCIS, along with a new I-94. PAGES i, ii & iii - The INDEX was modified as a result of. Many nonimmigrants will need to reapply and be reissued visas to reenter the U. There is no grace period after an H1B extension denial if the I-94 of the previous H1B has expired. It clearly says Change of status on my I-797 notice and I have a valid I-94 attached with it. Waiting for H1B/ L1 extension, driving license expired, WHAT TO DO? You can renew your driving license for another 240 days from the expiry date of your VISA / Driving license. Post approval I went into India had stamping. It first went into RFE, and subsequently denied. I feel my out of status will start from 3/12 & will not have chance to re-apply for either H1B extension or change status from H1 to H4 if my H1 extension get denied. A US employer is willing to file an H1B Petition for me to start employment on October 1st. * Re-entry US after visitor visa extension denial. I resigned from Employer A on Jan 26, 2018. The revision date on every page was changed to 4/94. I have find a new employer who ihas agreed to file new premium processing petition in 10 days of time also, I do have my I-94 valid until 28 February 2018. They were redefined for MMIS. So, as long as your H-1B is valid and your new employer is filing the transfer petition, your status shouldn't be affected. We sent the appeal and received the notice. The new OPT allows for a maximum of 36 months (12 months of "Regular" OPT plus a 24-month extension). denied your extension of status, your work is not authorized under your second employer. When a particular candidate processes an H1B Extension under regular processing, it is expected that the USCIS would process the application within a two to three month period. The USCIS reports that there is a delay in processing the H-1B Extension petitions. If your application for a change of status is approved, you will receive an approved I-797 Notice from the USCIS, along with a new I-94. Probably not. After discussing my case with lawyers, I left the country and I got my H1 transferred to some other company. I have changed my employer with valid I-797 and am back in India for a short trip. Disclaimer: I am not a lawyer I-94 are no longer physical, but electronic, at least for normal entry to the USA. Depending on the reason for the extension denial, it may be possible to file a motion to reopen. My employer applied for 8th year extension based on pending I140 on 3/9. However, since this would be a second or a subsequent extension, employer pays $325. I got the approval and after stamping in India, I am back to US again without any issues. You can file another new petition anytime after an amendment/extension gets denied. 00 filing fee (If you opt for premium again, it will be an additional $1225. Meanwhile I have got approval for other employer with I-94 validity from 13 Sept,2018. List of requirements to qualify for STEM OPT Extension: Candidate must have F1 Visa Status. Waiting for H1B/ L1 extension, driving license expired, WHAT TO DO? You can renew your driving license for another 240 days from the expiry date of your VISA / Driving license. We also provide Complete package including Accommodation & transportation for your whole trip Only in Matamoros, Mexico. If an electronic I-94 was created for you at the time of arrival, CBP will obtain the information from the carrier and note your departure for their records. There is no grace period after an H1B extension denial if the I-94 of the previous H1B has expired. If your application is denied, you may be required to cease.