H1B Amendment Petition Denied. What are the options?

[kunalshah1310]

Hi,

I have a question regarding the available options after denial of H1B amendment petition.

Current situation: Have a valid H1B visa up to 2017. Moved to a new client location in Dec 2014 and employer filed an amendment petition in Feb 2015. Got an RFE in Jun 2015 employer responded back in Aug 2015. Got a denial of amendment petition in March 2016. My questions are:

1. Now, what are the legal options to stay in US?
2. If I have to leave the country then how much grace period do I have?

Kind regards,
Kunal

[raghvi]

Hi,

I have a question regarding the available options after denial of H1B amendment petition.

Current situation: Have a valid H1B visa up to 2017. Moved to a new client location in Dec 2014 and employer filed an amendment petition in Feb 2015. Got an RFE in Jun 2015 employer responded back in Aug 2015. Got a denial of amendment petition in March 2016. My questions are:

1. Now, what are the legal options to stay in US?
2. If I have to leave the country then how much grace period do I have?

Kind regards,
Kunal

1. Not many. A lot depends upon the reason for denial, and if at all something can be done to salvage that situation.
2. You should plan to leave as soon as possible if you and your lawyer dont see an option to file an MTR.

This is my opinion not legal advice.