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H1B extention denied - Dec'2011 - options now

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  • H1B extention denied - Dec'2011 - options now

    Hello ,
    I received an RFE during my 1st extension which was possibly not handled
    correctly by my employer and resulted in denial for extension.Rejection
    reason : Speciality occupation may re-apply when eligible.
    I was asked to leave US .I would like to know the possibilities from
    here.Should I try re-applying for extension in a new role /different
    client Or I should be apply for a new H1 this year ?

    Thank you

  • #2
    Try and consult a lawyer, see what they suggests. If it was your employer who could not provide enough documents from company side, and the denial is not on you, you may try and transfer your h1b to another employer. Try and obtain copy of your denial notice.
    I'm not the immigration expert but just giving you advise from my personal experience.

    Comment


    • #3
      Thanks DharaModi !

      My employer ( which is a large Indian firm) is unwilling to share the actual denial notice with me as "it is against policy" , so appeal is not an easy option for me given the circumstance.
      Would it be wise to wait and apply for a fresh H1 ? Does denial of an extension impact future approvals for H1 ?

      Thanks for your advise.

      Comment


      • #4
        Denial will not have any impact on your future petition. But you should leave the country immediately if your I-94 has already expired. If your current I-94 hasn't expired, then you can try and get the H1B transferred from within U.S and work for the current employer until the current I-94 expiry date or join the new employer upon receiving the transfer receipt notice. If your I-94 has expired, then you can try and file a transfer after leaving the country.
        Not a legal advice. Use of this information is strictly at your own risk.

        Comment

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