H1 Amendment Denied - few months to I-94 expiry

h1-b
h1b-amendment

(Raj) #1

My H1B Amendment got denied as of May 11th 2018. My current I797A is valid until Oct 4th 2018, which is less than 6 months. I am yet to apply the extension. I have approved I-140 too.

Now,

  1. Do I need to go back to my previous location and apply the fresh amendment + extension (as I have less than 6 months on I797A) then come to my new location?
  2. or go back to my previous location and apply just the amendment and come to new location and apply for the extension ?
  3. or go back to my previous location and work for old client and apply extension for old client?
  4. or find new project/new client anywhere else and apply fresh amendment & extension?
  5. or do I need to go back to home country?

I am confused, please suggest me the appropriate thing to do.


(Anil Gupta) #2

Hi @arputhamsam

Go back to Approved H1B location

If your H1B amendment was filed for your current location, and it has now been denied, you need to go back to your OLD location for which you already have H1B approved till Oct 4, 2018.

Find and Fix Reason for H1B amendment denial

If you go back to your old location (Approved H1B location) and file for Amendment + Extension for new location, to come back and work again, you need to first FIX the denial reason.

If you do not fix the denial reason given by USCIS, your chances of approval are pretty much NIL.
You will be just wasting your time and money applying for it again.

File Amendment + Extension

I would suggest to file for extension + Amendment together now since you don’t have much time left for your current H1B approval validity.

Go back to Home Country

Not required at this time if you can go back to your old location and employer that you have H1B approved for, till Oct 4, 2018, and work.
If the old location and employer do not let you work, then I am afraid, you are violating the H1B law and you may have to leave the country.


(Raj) #3

Thank you so much for the quick reply. I will find the reason for the Denial first.

What are the most frequent reasons given for the recent denials in general?


(Anil Gupta) #4

Reason for H1B denial

Each application is different and it depends on what USCIS asked for in your RFE (if any was issued for your Amendment).

Check if you submitted all documents that USCIS asked. If not, then that’s the reason.

Also, USCIS will send the denial reason in denial letter to your attorney too. Check with them.

Most of the time, it is ‘Employer-Employee’ relationship and USCIS has specifically announced that they will be scrutinizing the H1B extension, amendment and transfer strictly.


(Raj) #5

Thanks for the reply


(Raj) #6

H1B Amendment denied due to Specialty Occupation

Hi My Amendment denial is due to the below reason:-
The position itself doesn’t qualify as specialty occupation (meaning that beneficiaries don’t require a bachelor’s degree to complete their tasks)

Apply H1B Amendment + Extension Again after denial

Now, applying the amendment+extension for this same location - same client - same position again, will have the approval chance or not?


(Anil Gupta) #7

Hi @arputhamsam

Applying H1B Amendment + extension again after denial is Not good idea

Unfortunately, applying for same position with all other things remaining same will result in DENIAL again.

It’s of no use since USCIS has already decided that this job does not qualify as ‘specialty’ occupation.

It’s better you quickly look for another job and H1B sponsor.


(Raj) #8

As my current employer is applying for new amendment+extension for the same client & same location, when it is pending with USCIS, can I initiate H1 transfer+extn for a different employer?


(Anil Gupta) #9

Yes, you can apply H1B transfer.

Has your i94 expired or you still have the left for i94 expiry?


(Raj) #10

I have my i-94 till Oct 4, 2018


(Anil Gupta) #11

Yep…you are fine with H1B transfer if you file before Oct 4.


(Anil Gupta) #12

A post was split to a new topic: H1B transfer and extension after I140 withdrawal by old employer


(Anil Gupta) #13

2 posts were split to a new topic: Traveled for client B from India with H1B Amendment receipt notice - Denied


(Anil Gupta) #14

2 posts were split to a new topic: Is 4 days gap between leaving and joining new H1B employer ok?