H1B Extension Approved but Stay of extension is denied. PLEASE HELP!!

[manojsharma]

Hi,

I am in a complicated issue. My H1b Expired on June 02, We applied H1b Extension Petition on April 27th. Got RFE for this aplication in september. We found out that we made a mistake in the application by Entering a lower level job title. The RFE needed to be replied before December 23rd. we applied for another H1b extesnion with correct Job title on November 20th in premium processiing and got the approval on December, but we also got a letter saying the Extension of stay is denied. I am so confused. Please help

Manoj

[newacct]

Hi,

I am in a complicated issue. My H1b Expired on June 02, We applied H1b Extension Petition on April 27th. Got RFE for this aplication in september. We found out that we made a mistake in the application by Entering a lower level job title. The RFE needed to be replied before December 23rd. we applied for another H1b extesnion with correct Job title on November 20th in premium processiing and got the approval on December, but we also got a letter saying the Extension of stay is denied. I am so confused. Please help

Manoj

It makes sense. Usually, extension of status or change of status must be filed while in status, and only in exceptional cases will USCIS accept a late filing. You were out of status when your last I-94 expired in June. Your first extension of status filing was timely, but the second one wasn't, since it was filed after your status expired. Now, if the first extension of status were approved, it would have gave you status in the period of time when the second extension of status was filed, but you abandoned the first extension of status. Since the second extension of status was filed when you were out of status, it was denied.

[uhgar]

Hi,

I am in a complicated issue. My H1b Expired on June 02, We applied H1b Extension Petition on April 27th. Got RFE for this aplication in september. We found out that we made a mistake in the application by Entering a lower level job title. The RFE needed to be replied before December 23rd. we applied for another H1b extesnion with correct Job title on November 20th in premium processiing and got the approval on December, but we also got a letter saying the Extension of stay is denied. I am so confused. Please help

Manoj

You will have to leave the country and get stamped and come back before you can resume work.

The first time you applied you were still in status with a valid I-94. so if the extension got approved a new I-94 would have been issued and you could have continued working . When you applied for a extension on November you were already out of status. So your extension got approved without an I-94 which means you will have to leave the country , get stamped before you can work again.

[manojsharma]

You will have to leave the country and get stamped and come back before you can resume work.

The first time you applied you were still in status with a valid I-94. so if the extension got approved a new I-94 would have been issued and you could have continued working . When you applied for a extension on November you were already out of status. So your extension got approved without an I-94 which means you will have to leave the country , get stamped before you can work again.

do I have to goto my home country or I can go to Mexico/Canada to get new I-94? thank you for your help. XO

[uhgar]

do I have to goto my home country or I can go to Mexico/Canada to get new I-94? thank you for your help. XO

You can go to any country but going to home country is advisable so that if there is any delay in your stamping at least you wont be stuck in some random country

[newacct]

do I have to goto my home country or I can go to Mexico/Canada to get new I-94? thank you for your help. XO

Since you stayed past the date your I-94 expired, and was still in the US after the only timely-filed extension of status was denied, you have triggered INA 222(g), which means the visa you used to enter the US is void, and furthermore you can only apply for US visas in your country of nationality from now on for the rest of your life.

[manojsharma]

Since you stayed past the date your I-94 expired, and was still in the US after the only timely-filed extension of status was denied, you have triggered INA 222(g), which means the visa you used to enter the US is void, and furthermore you can only apply for US visas in your country of nationality from now on for the rest of your life.

I have another application which got approved and I have I-797 to prove that, and the first application is not denied, it has RFE but I am quite sure it wont approve - I have time till end of this year to reply to RFE

[newacct]

I have another application which got approved and I have I-797 to prove that, and the first application is not denied, it has RFE but I am quite sure it wont approve - I have time till end of this year to reply to RFE

If you leave before the first extension of status is denied, you will not trigger INA 222(g).

[Kanth0045]

I have another application which got approved and I have I-797 to prove that, and the first application is not denied, it has RFE but I am quite sure it wont approve - I have time till end of this year to reply to RFE

Hi Manoj Sharma,

I'm also in the same situation, Can you help me out with solution. Please share me either your Email or phone number.

you can reach me on 510-766 1444 or Email : [email protected]