H1B denied after RFE - how long can I stay in USA?

Hi Anil,

Need suggestion from you.

H1B denied after RFE

My H1 got Denied this Tuesday after RFE, here is Comments about Warning Concerning Unlawful Presence, Please suggest How many days i can stay?

USCIS Unlawful presence Notice

Please be aware that, under section 212(a)(9)(B) of the INA, an alien who accures more than 180 days of unlawful presence in the US, abd then depart, is inadmissible to the US for a period of either three or ten years.

You may remain in your current nonimmigrant status until expiration date indicated on your I-94, Arrival-Depature record. However, if the date listed on your I-94 has already passes, this Notice of Decision may leave you without lawful immigration status and you may be present in the US in violation of the Law.

Has your i94 already expired?

here is my Case, please give options if i have any.

Most Recent Date of Entry: 2016 March 13
Class of Admission : H1B
Admit Until Date : 08/31/2018

H1B amendment Approved but extension denied for same job and client

But, i applied Amendment with different client and it was approved for one Month until Apr 30th 2018. then immediately applied Extension on Apr 26th,. This week it for Denied.

Sorry to hear that. It is un-fotunate that USCIS is denying the same HB extension that they approved as Amendment.

Leave USA within 7-12 days after H1B extension denial

Anyways, you should leave USA within 7-12 days to avoid adding ‘unlawful presence’ time to your name.

H1B status changes to ‘Unlawful Presence’ after denial

You are currently in ‘Unlawful presence’ status as your H1B extension has been denied and your i94 is not valid either.

Apply H1B Extension or Transfer

You can apply for another H1B extension or H1B transfer to another employee but you cannot start working until it is approved.
Also, premium processing is currently NOT available.

So, your only option is to go out of USA and then apply for either extension or transfer and wait for result. Once approved, you can get H1B stamp on your passport and then re-enter USA.

Thanks Anil for explanation.

one QQ:

You can apply for another H1B extension or H1B transfer: for same Extension i saw your comments somewhere like eligible for H1B premium processing if you file at Nebraska processing center. in my case can i Apply Premium? and do need to apply LCA again(First Extension LCA was applied Apr 20th 2018).

H1B extension premium processing

H1B extension with premium is only allowed with ‘No changes’ at this time.

If you apply your H1B after the premium processing ban is lifted, you can apply in Premium anytime.

ReUse LCA from Denied H1B extension

You can reuse same LCA if there are no changes to job description with new H1B extension.
It depends on your denial reason and what your employer does to fix it.

What is the reason for denial in your case?