What should I do if my H1B extension is denied?

What should I do if my H1B extension is denied?

H1B Extension Denied

1. You can stay in the US because the extension is for the future time period and your current H1B approval is still valid. Extension denial does not invalidate your current H1B.
2. If your i94 has expired and the extension is denied, you should leave the US within 10-15 days.

Why would H1B extension be denied?

Common reasons for the visa extension denial could include failure to maintain the H1B visa qualifications, employer fraudulently taking advantage of the immigration system, or committing a crime in the U.S.

What happens if H1B change of status is denied?

If your H1B transfer is denied, you can only stay in the US lawfully until the expiry date on your I-94 card. Remaining in the US out of status and unlawfully will have serious implications on any future US immigration applications.

Can you appeal H1B denial?

Can we Appeal H1B Denial? You can contest the USCIS H1B denial decision within 33 days of rejection. USCIS allows to file a review application for new H1B cap subject denial, extension and amendment rejections or transfer denials.

Can H1B extension be denied without RFE?

The new policy memo from 2018 states that USCIS adjudicator has full discretion to deny a petition without issuing RFE/ NOID for a petition. USCIS adjudicator can deny any new petition filed, when initial required evidence/documents for the petition/ case are missing or does not establish eligibility.

What happens if my b2 visa extension is denied?

If the extension is denied, the applicant will be normally given a period of 30 days to leave the U.S. voluntarily. The most common reason for denial is that USCIS feels that the applicant is merely trying to prolong his/her U.S. stay indefinitely.

What happens if my I-539 is denied?

If your I-539 application is denied, depending on the specific situation, you can choose to reapply, or file a motion to reopen or reconsider, or depart the U.S. If you leave the U.S. promptly, usually this denial will not affect your reentry to the U.S. later if you have valid visa.

Are H1B extensions getting rejected 2019?

Additionally, USCIS denied more than 18\% of H1B applications of existing employees seeking extensions in FY2019. This extensive denial of H1B extensions is a fallout of the USCIS ruling that no longer gives deference to prior determinations when adjudicating extension applications.

What if my change of status is denied?

If the USCIS denies you the Adjustment of Status, you don’t have legal protection to stay in the US and the deportation process begins, you can request, depending on your case, the cancellation of deportation, suspension, asylum, among others.

Why would the USCIS deny my application?

Simple errors are a common reason that green card applications get denied. It’s important to carefully review all of your application materials before sending them to USCIS. The most common errors include: Failure to provide translations.

How long does it take for H1B extension approval?

The H1B extension processing time will take anywhere between 4 to 7 months by normal processing and 15 days by premium processing.