H1b Extension denied twice - next steps

1. H1B Expired, i94 valid

My existing H1B expired on DEC 31 2017 however i94 was valid till Jan 10 2018.

2. H1B RFE - Client A - Denied due to Client - Employer Relationship

Got an RFE for client “A” and it was denied on Jan 6 2018 (Due to client - clintee relationship).

3. Employer filed another H1B extension as i94 still valid

However, because my i94 was still valid till Jan 10, my employer filed another H1B with same client under normal processing to bridge the gap until he can find another client.

4. H1B Amendment with Client B, Client A application still pending

Then my employer filed another H1B petition with client B on Jan 19 (Didn’t withdraw 2nd petition filed with client A before expiration on 194).

5. H1B Amendment RFE for Client B for Specialty Occupation - Finally Denied

Then i got the RFE for CLIENT B as well (For specialty occupation) and that was also denied on March 27.

6. H1B 7th Year with approved I140

Keep in mind this is my 7th year extension and i have approved i140.
My husband is also on H1B and his H1B extension is also in progress at this point of time.

Client A H1B still pending - What is my status?

My question is now i still have 2nd petition filed with CLIENT A before expiration on i94 IN PROGRESS so does my status still be “IN PROGRESS” or it is in jeopardy now and i have to leave.

File H4 Changes of Status?

I know i can move to H4 and apply for H1B again but is there any other better option.

Can i go back to Client A or can i continue to work with Client B?

Please advise.

I think you mean ‘client A’ and ‘client B’ with your same employer X.

Working for Client A with extension application in progress

You can keep working for ‘Client A’ for upto 240 days after i94 expiry or till USCIS makes a decision on your pending application, whichever is earlier.

Working for Client B after H1B extension denied

Since your ‘Client B’ petition has been denied, you have to immediately stop working for them.

Your current Status in US

You are currently ‘out of status’ since your i94 has expired. But it is not a violation, as your application is pending.

Thanks Anil,

yes you are correct i mean to say clients.

So even though first H1B extension was denied with client A and then my employer filed a new H1B extension with same client again in normal processing before i94 expiry i can go back to client A and continue to work till 240 days or decision is made? correct?

File parallel H1B for same Client as vendor and Direct Client Full time?

Also , is it okay and possible if client A files my direct H1B for full time employee ??

Can i have two parallel H1B applications one from my employer for client A and one directly from client A for full time employee?

You can file parallel H1B for same Client as vendor and Direct Client Full time?

As per my information, yes you can.

File H4 Change of Status

But, I would strongly suggest to file for H4 Change of status too, as soon as possible.

H1B extension approval chances low if rejected once

The chances of your H1B extension approval are extremely low given that it has been rejected already.

File multiple H1B transfer applications at same time

Yes, you can have multiple H1B applications filed at the same time.

Infact, I would strongly suggest to find a direct client as employer or find a new employer all together. The current one does not seem to have good records and hence their H1B petitions are getting rejected.

The initial h1b was denied with client A because if cleint clintee relationship as they have a third party company provides the employment letter to consultants but same company also offered me full time.

So i am asking them to do that.
I am still waiting for Client B denial letter.

Third party consultants getting H1B RFEs

USCIS has actually made it difficult for third party consulting companies to apply for H1B extensions after Feb 22, 2018.

I am hearing lot of people getting RFE and then denials with H1B extensions these days.
So, it is better to find a direct client hire opportunity as early as possible.

The current time needs to be sailed through with caution.
Take care.

Thanks Anil,

Ill keep you guys posted on this forum !

1 Like

Hi Anil,

But is it possible? COS cannot be filed now as i94 has been expired on jan 10. For h4 filing the applicant has to go to their own country and get h4 via consulate, right?

You can file COS but the chances of H4 change of status approval are extremely low as USCIS will not approve it since i94 has already expired.

They do approve it but in very restricted cases and it is just upto them to decide.

In your case, you will have to go outside US and then get H4 stamped to re-enter US.


I am continuing from where i left off so this client B for which i was working as a contractor through company A agreed to hire me full time and we went through all the paper work n all but they have a H1B questioner which says " HAVE YOU EVER BEEN DENIED OF THIS VISA" , my company A never told client about RFE and DENIAL of my H1B so my delimma is

  • Should i tell this to my client attorney for full time h1b filing ?

  • IS THIS SOMETHING they need to declare to USCIS when filing new H1B or this is for their internal use only?

  • Can they pull out of filing my H1B learning that my existing employer had a denied H1B for same client?

  • What would be the consequences if i don’t tell them about this and is there a way for them to know if i dont tell them this?

  • Is this going to impact my new H1B filing?


Disclose previous H1B denials to new H1B transfer employer?

Yes, you should tell them about all previous denials, if any.
Whatever you write has a consequence in future.

If you lie now, it may come back to haunt you later.

In-fact, the new H1B petition should be filed keeping in mind the last denial reason.

If they do not know the denial reason, they may make the same mistake and you loose precious time.

A post was split to a new topic: H1B transfer consulting company to full time direct client hire in 7th year