View Full Version : H1B Visa Extension Denied - Help/Info Needed

06-15-2012, 04:30 PM

I am posting this thread on behalf of my fiance.

She is working as a contract employee for a client C1 and has her H1B Visa with an Employer E1.
Her H1B Visa expiration date is 13th March 2012.
She applied for her first H1B Visa extension in premium on 7th March 2012.
Her project with client C1 got scrapped on 9th March 2012.
Got RFE for extension, to be submitted before 13th June 2012.
She joined new Client C2 on 9th April 2012.
Responded to RFE with the new project documents (with new client C2) on 5th June 2012.
Got H1B denial response from USCIS on 15th June 2012.

She dont know the reason for denial as she is yet to receive the denial letter.

Can you please help in giving some options that are available now for her to have either New H1B visa initiated or to get some valid status.

Few doubts that we have are

1) USCIS Home Page (http://www.uscis.gov) online tracking showed that her visa got denied today (15th June 2012). So till what date she can still stay in US ?
2) Can she apply for New H1B Visa immediately being in US ? If so, then are there any complications in doing it ?
3) We have India trip planned for our marriage from 15th July 2012. So, is there a way that she can get a status in this 30 days period before she goes on India trip.
4) If she has to go to India with out anything to be done from here itself, is it easy to have H4 dependent Visa applied during marriage trip in India and then can she convert from H4 to H1 visa soon whenever possible. If so, are there any complications in it?

Please suggest us any solutions in this case.


07-04-2012, 12:06 PM
I assume you already might know this, but the problem might be because your wife switched clients BEFORE any update on the original H1-B.

Unfortunately, as you know, there is no "legal" number of days that you can be out of status, so your (wife's) immigration clock has already started ticking. Having said that, however bad the situation is, from personal experience, I would say it would be wise to re-apply from INSIDE the US territory.

I was out of status (no employer, no client, no visa) for more than 3.5 months (from Dec 2011 - March 2012), and was able to get a H1B visa approved (just last week). One of the first things that my lawyer told me was NOT to leave the country. Whether we get denied or approved, he said that if we stay here and keep looking for a job, however scary and financially draining that might be (fortunate to have a good land lord who helped us move out without evicting or charging us 3 months' rent), staying here would help you while appealing your case with the USCIS. If you are in a state which has a USCIS Field Office, I would suggest you take an InfoPass appointment, and explain to the Visa official in person -- what your situation was when you originally applied for H1B, and what the status of your job was, when you received RFE.

Suggested next steps:

Get and consult with an attorney (will be expensive, but if you want to come back to the US, then this would be the suggested first step).
Do not travel outside the country (at least until you consult with an attorney)
Inquire with your lawyer about getting an InfoPass appointment (if you are nearby a USCIS Field Office). If your lawyer suggests you to go forward with it, then take an appointment, and explain your situation to the V.O

We hope you have a successful (even if bumpy) path forward, and get your visa issues resolved soon, and have a wonderful marriage.