H1B Extension Denies. Help Needed

[RanjithKumar]

HI,

I have been working for Company A for about 3 years and my employer had filed an extension which got denied recently. My first H1 and I-94 have already expired. Before getting a denial, I got a transfer initiated by another employer B and currently that is filed in premium. I talked to a couple of immigration attorneys and they told me that I am legally allowed to stay in the country since I have filed a transfer before getting a denial for my extension petition.

But if I get a denial even for the H1 B transfer through employer B, what will be my options?

1) Can I get an admit in a University and convert to F1?

2)If I go back to India, will I be able to come back again with a new petition and be exempted from lottery?

3) If I change my Visa to F1, will I be still cap exempted for future H1 petition?

Please help me with the situation

[francesjacobgreene]

HI,

I have been working for Company A for about 3 years and my employer had filed an extension which got denied recently. My first H1 and I-94 have already expired. Before getting a denial, I got a transfer initiated by another employer B and currently that is filed in premium. I talked to a couple of immigration attorneys and they told me that I am legally allowed to stay in the country since I have filed a transfer before getting a denial for my extension petition.

But if I get a denial even for the H1 B transfer through employer B, what will be my options?

1) Can I get an admit in a University and convert to F1?

2)If I go back to India, will I be able to come back again with a new petition and be exempted from lottery?

3) If I change my Visa to F1, will I be still cap exempted for future H1 petition?

Please help me with the situation

You could enroll in a U.S. school and change to F-1 if you want to. There's nothing stopping you from enrolling in a U.S. school just because you had an H-1B petition denied. As long as you haven't used the full six years of H-1B status for which you are eligible, you should be able to switch back to H-1B in the future and use the remainder of your six years, even if you move back to India or change to F-1 for a period of time. Just make sure that six years do not pass since you last held H-1B status. If that happens, you'll no longer be exempt from the cap.