H1B extension denied after RFE. I94 valid for another 30 days

[Harry Kaur]

Hi,

My H1b extension was denied and I still have 30 more days left before I94 expires. I am currently in US for a client project and client also provided a letter for establishing employer - employee relationship. I want to know what are the options that I can use to get H1b extension approved? Can I reapply extension using the details for same client? Will my H1b application considered under cap of new applications if I reapply?

[Nattybone]

Hello, Harry.

Why was the H1B extension denied earlier? If you have time left on your H1B, you could certainly apply for H1B extension. Please do check why was extension denied earlier and ensure you address that point when you apply this time.

Secondly, your H1B does not get cancelled upon extension rejection. The visa (H1B) stays in the system and you can file for it whenever you have sponsorship (within 6 years from the time you last had valid H1B status). You will be cap-exempt as you are using the same H1B.

Finally, if you re-apply for extension now, you are unlikely to get an outcome before your I-94 expires. In that scenario, the best thing is to leave the country and not stay in USA. When your H1B gets approved, you could get a new stamp in your home country and travel back to the US on new H1B.

This is my understanding. I hope this helps.

Wishing you luck.

Cheers,

Hi,

My H1b extension was denied and I still have 30 more days left before I94 expires. I am currently in US for a client project and client also provided a letter for establishing employer - employee relationship. I want to know what are the options that I can use to get H1b extension approved? Can I reapply extension using the details for same client? Will my H1b application considered under cap of new applications if I reapply?

[rahulchitte]

How did you addressed your case

Hi,

My H1b extension was denied and I still have 30 more days left before I94 expires. I am currently in US for a client project and client also provided a letter for establishing employer - employee relationship. I want to know what are the options that I can use to get H1b extension approved? Can I reapply extension using the details for same client? Will my H1b application considered under cap of new applications if I reapply?

Hello Harry,

Please advise how did you finally addressed your case as I am exactly in the same situation, H1b extension denied after RFE, waiting for the notice to understand the reason. My I94 is valid for another 34 days, please help me with a quick response..and thanks in advance.