H1b Extension Denied

[sh_12]

Hi,

My H1b Extension is denined due to Employee and employer relationship. my previous petition has expired in oct 2017.

when the grace period will be in count? will it be from when my case get denied or when my previous petition get expired?

Do I have time to change to new employer ? or Do I need to leave the country immediately.

Please advise.

[jdwasden]

USCIS's interpretation of employer-employee relationship is flawed. Under the law they are supposed to use the definition created by Dept of Labor (which explicitly allows consulting/staffing companies). Even their own comments on their definition allowed for staffing companies up until a few years ago.

There is a way to challenge this denial, and get your visa approved, it is about the same price as filing an appeal with USCIS. You just need to find an attorney that knows how to appeal the case under the Admin Procedures Act. A real judge will review the denial. Email me or have your attorney contact me (if you have one) and I can give you the info. [email protected]