Amendment denied and extension in progress

h1-b
(Dee) #1

Hi,
I moved from NY to NC last year in April 2018 and my employer filed for an amendment petition. This got RFE in Feb 2019 and employer responded in March 2019. I saw on the USCIS portal on April 30th that the amendment was denied and notice was sent on April 24th 2019.
Meanwhile, my current visa was expiring on May 11th, so we filed an H1-B extension on April 29th 2019 (we did not notice amendment was denied at this point). My current i-94 expires May 21st 2019.
We still haven’t got the denial notice from USCIS and not sure what options i have next.
Please help and suggest on below -

  1. Is the extension still considered valid? as it was filed for same client and location for which amendment was denied?
  2. If extension is not valid then can we get a new extension filed for new client and location with only 10 days left on my i-94?
  3. can i stay in the country beyond the i-94 expiry for 240 days or until the extension approval/denial comes through?
  4. or do i have to travel back?

please help

(Anil Gupta) #2

As per the USCIS rule, any H1B extention filed based on denied amendment will be denied eventually.

You should file a new extention based on the earlier approved H1B.

Your status will be in jeopardy if you do not file a new H1B extention before your i94 expiry date.

You can only stay in US if you have a valid H1B extention pending when your i94 expires.