File h1B extension while H1B amendment is Pending

USA H1B Visa
26

Hi Anil -

  1. Applied relocation amendment from Location A to Location B - got RFE, by the time I have to respond back to RFE - I’m at location C (within 50 milies limits of Location B)

  2. Time for H1B Extension - Submitted the extension , went into RFE - reason, status on existing amendment.

  3. Upgraded #1 amendment to Premium processing, received response now as Denied. Awaiting the reasons for denial.

Please let me know what are my next steps in this case? What can possibly be the denial reasons? Can I continue working at Location C considering the extension is still filed and processing (Extension case is having all information with regards to Location C)

Thanks a lot… as always appreciate your contribution.

27

Hi @Jayadev

What is your i94 validity and was your extention filed before i94 expiry?

In either case, the chances of extention denial are very high if Amendment has been denied.

We cannot guess the denial reasons unless you share the RFE documents.

28

Yes my extension was filed before i94 expiry date. In the last week before it expired.

Can I continue to work considering that my extension was filed, and stay in the 240 days period (or till the response is given by uscis). Or as its an amendment that got denied I have to stop working at company C and go back to base location A? Filed extension has everything mapped to location C.

And one last question, with I140 approved, what does it take if extension is also denied. My options are to exit the country and apply a new h1 and return (without quota) - or any better options you can suggest or advise… thanks again.

29

Hi @Jayadev

You can keep working until you get a decision on your extention.

If extention is denied, you will have to leave US as your i94 has already expired. I140 does not help you stay in US.
You can file another H1B transfer or extention after denial but will have to stay outside US to get its result.

30

Thank you Anil. :1st_place_medal: very helpful.

1 Like
31

Fyi - received the denial reasons today - " lack of specialty occupation proof"
Fingers crossed on the Extension petition.

32

Hi @Jayadev

I strongly recommend to file with another Employer as chances of your extention denial are very high if your amendment has been denied with ‘speciality occupation’ reason.

33

Hi Anil -

  1. Applied relocation amendment from Location A to Location B - got RFE.
  2. Time for H1B Extension - Submitted the extension , went into RFE - reason, status on existing amendment.
  3. Upgraded #1 amendment to Premium processing, received response as denied,Which states “the position in itself does-not qualify as speciality occupation” .

What is recommended for my situation?
Shall i look for another employer?
In case if I don’t get any employer, shall I prepare for the worse ?
Is there any chance to get my extension to be approved with my current employer?

34

Hi @paulomi_chatterjee

Sorry to hear about your denial. Your extension will also be denied as it was based on the amendment which has already been denied.

I strongly suggest to find a new employer and file transfer as early as possible.

35

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image_17761319×460 59.4 KB

Based on screenshot dates what is my H1B end date?

Is it ‘09/04/2022’ as we applied and got approval for H1B extension while amendment was still in process?

or it is ‘09/30/2018’ as we got amendment approval after H1B extension?

36

Have you got a new i94 with your amendment approval?

Did you speak to your attorney about it? What is their response?

37

Hi @Anil_Gupta
Both H1b amendment and H1b extension has same i94 number.

My attorney is confused and they are saying to get 100% sure let’s file one more amendment on top of this. Ex. Salary increased

I am not sure if that is right option.

38

I would agree with your attorney as the last action rule might just spoil everything.

It is better to file another application to be on safe side and get a new i94.

39

Hi Anil -

  1. Applied relocation amendment from Location A to Location B -on sep 2019 now got RFE (apr 1 2020) as specialty occuption RFE due date to response june 25 2020
  2. Time for H1B extension h1 expires jan 2021…

Due to covid all premium processing suspended…

Please suggest

Whether we can withdraw h1 amendment and file new h1amendment & Extension before i94 expiry…but my employer saying since i started working on receipt they cant withdraw …i have to file h1 extension parallely
I don’t want bridge bridge scenarios

What is recommended for my situation?

Shall i look for another employer?

Is there any chance to get my extension to be approved with my current employer and location B

Thanks

40

Hi @Subba_ks

Chance of approval depends on your Employer’s paperwork. You can file another application but cannot withdraw the existing one simply because it got an RFE.

What is your i94 expiry date?

41

Hi Anil

Thanks for your response…my i94 expires on jan 2021…do you think if we apply extension parallelly it will create bridge scenarios and if amendment denied extension might also get denied…

Please suggest best approach

42

Bridge comes into picture only if i94 has expired.